Explaining why or why not the evidence resulting from the search should be admitted during the subsequent trial

Exploration of NCTM and Sunshine State Standard
August 15, 2017
explains how marketing differs on a B2C site compared to a B2B site.
August 15, 2017
Show all

Explaining why or why not the evidence resulting from the search should be admitted during the subsequent trial

Order Description carefully below instruction. This paper presents you with a Fourth Amendment œsearch and seizure scenario, and asks you to explain why or why not the evidence resulting from the search should be admitted during the subsequent trial. Your paper should be four pages in length, double-spaced, in Times New Roman 12 font. Facts: Ethel Evans, a resident of the state of Illinois, was in her home one Friday afternoon, sharing a joint of marijuana with her friends George and Sally. (Note that marijuana is not legal to grow, own, or smoke in this state.) All was peaceful (and very mellow) until Ethel heard a pounding on her front door at about 5:30 PM. When she opened it, a masked man burst inside, carrying a canvas bag. Ethel called out, œHey, dude! but he did not stop; instead, he ran down the hallway leading to Ethel’s bedroom. A second later, Champaign Police Officer Johnson appeared at Ethel’s door. He immediately came inside, calling out œIt’s the police! We’re pursuing a robbery suspect! Officer Johnson followed the suspect to Ethel’s bedroom, and arrested him there as he was trying to crawl outside through a window. The robber was taken away in handcuffs. But as Officer Johnson passed back through the house he noted the cloying scent of marijuana smoke. He radioed another officer to come inside. They looked around the front room, and found the mostly-smoked joint of marijuana. Ethel, George and Sally were all arrested. As soon as the officers had Ethel and her friends in the squad car (which took about three minutes), they searched the house thoroughly. In the basement, they found Ethel’s weed-growing operation, complete with artificial lights and a custom irrigation system. They also found a lock-box, with over $10,000 in cash in it, labeled œSales Money. Ethel’s friends have been charged with unlawful possession of less than 2.5 grams of cannabis, a misdemeanor in Illinois. In addition, Ethel has been charged with the felony of possessing more than 500 grams of cannabis. If convicted, Ethel will go to prison for years. Assignment: The attorneys representing Ethel, Sally and George have filed motions to keep all the evidence that the police discovered out of court on the grounds that it results from an unlawful search. You are the trial judge in the cases against Ethel, Sally and George. You must decide what evidence is admissible against whom. This paper assignment is to make appropriate rulings on the admissibility of the evidence, and explain why you ruled as you did. Note that in preparing your paper, there is no need to provide a recitation of the facts. Instead, just dive in with your ruling and explanation. Where applicable, you will want to refer to the cases we discussed in class, and in your textbook. (Please do NOT do your own research; only use the cases in the textbook and in the syllabus.)

Leave a Reply

Your email address will not be published. Required fields are marked *