Evidence
Situation 1 –
While off duty and at a party, Officer Boone was asked by the home owner to get some ice from his basement. Since the ice machine was not immediately apparent, Officer Boone opened two doors, and behind door two were six marijuana plants. Officer Boone arrested the home owner. Would you exclude the marijuana plants? What court case(s) justify your decision?
Situation 2 –
Defendant Lewis was suspected of selling stolen property from his dorm room. An undercover campus police officer knocked on Lewis’ door, and when Lewis answered, the officer asked for an affordable radar detector. In response, Defendant Lewis said that he just got two new ones last night. While in the room, the officer noticed various other items that she suspected were stolen. She bought one of the radar detectors and then used it to convince a judge to issue a search warrant of the room. Among the items confiscated in the search with the warrant were four radar detectors, three television sets, two air-conditioning units, and 1,500 compact discs. Should this evidence be excluded? What court case(s) justify your decision?
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