criminal procedure pre trial 5

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Part I

***The minimum word count for the entire is 1300 words and you must include three scholarly sources! Scholarly sources does not count toward word count! You must use APA formatting to cite your sources. Be sure to read the entire assignment and address each issue/question posed.***



1. In what way did Katz v. United States change Fourth Amendment law?

2. What are the basic requirements for obtaining a search warrant?

3. Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, Tommy was observed standing in an alley behind the shop by a police officer. It was 11:50 P.M. on a June evening, and Tommy was wearing a pair of jeans, tennis shoes, and a shirt.

After 5 minutes, the officer approached Tommy and asked him what he was doing in the alley at such a late hour. Tommy responded that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. He produced identification that confirmed that he lived a short distance from the store. The officer then grabbed Tommy, swung him around, pushed him against the wall of the store, and “frisked him.” After feeling a hard object in Tommy’s back pocket, the officer reached in and discovered a small 3×3-inch container full of locksmith tools. He then arrested Tommy for possession of burglary tools and conducted a search incident to arrest. During that search, he discovered a diagram of the audio/video store hidden in Tommy’s pants.

Tommy was subsequently charged with attempted burglary and possession of burglary tools. He has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Should the motions be granted? Discuss.

4. Stacey is a suspect in an embezzlement investigation. The police believe that she has hidden evidence in her neighbor’s house, without the neighbor’s consent. The neighbor will not consent to a search. Can the police obtain a search warrant for the non-suspect’s home?

Part II

***The minimum word count for the entire is 250 words and you must include three scholarly sources! Scholarly sources does not count toward word count! You must use APA formatting to cite your sources. Be sure to read the entire assignment and address each issue/question posed.

A police officer stops a car for failing to signal a turn. Upon talking to the driver, he discovers he has a suspended driver’s license and an outstanding warrant for Failure to Appear in court on a similar charge. The officer has no probable cause or reasonable suspicion that any other motor vehicle infractions or criminal activity may be afoot. He decides to tow the car as it is stopped on the side of a highway and cannot legally be left parked there. The front seat passenger in the car is the driver’s father, has a valid license and appears sober and otherwise capable of legally and safely driving the car. The driver asks the officer if the father can drive the car home. The officer refuses and calls for a tow truck. Prior to the tow truck arriving, the officer performs an inventory search of the car and discovers an illegal gun in the trunk.

Should the illegal gun be admissible against the driver? Why or why not? Support your answer. If you have experience with how this is handled in your jurisdiction, share that as well.

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