Question.2987 - 4 th Amendment and the Execution of a Warrant Sophie, a police officer, out of uniform, showed up at Mariah’s house, knocked, and asked if she could enter to enact a warrant. The warrant was a properly issued search warrant, issued by a Magistrate Judge. Mariah read the warrant, which stated, “The first-floor of Mariah’s house will be searched for a gun used in connection with a robbery, as well as two paintings which were stolen.” While looking in Mariah’s house on the first floor, Sophie smelled what she thought to be gun powder emanating from the second floor, and she quickly, without looking for anything else, walked up the stairway to the second floor, and found a gun on a table at the top of the steps, which she confiscated. The gun had a note attached to it, which listed an address. Later that day police arrived with a proper warrant at the address listed on the note, and it turned out that the two stolen paintings were found there, and confiscated. Mariah was arrested for her involvement in the stolen paintings and possession of an illegal handgun. Mariah’s attorney makes a motion to suppress the handgun, the note attached to it, and the stolen paintings found at the address that was indicated on the note. Using proper legal terminology, please discuss whether these items should be excluded from trial and describe why or why not.
Answer Below:
FactsThe xxxxxxx issue xxxxxxx to xx Amendment xxxxxx and xxxxx pertaining xx Execution xx Warrant xx reasonable xxxxxxxxx Sophie x police xxxxxxx searched xxx second xxxxx of xxxxxx rsquo x house xxxxx holding xxxxxx warrant xxx just xxx first xxxxx The xxx associated xxxx the xxxxx was xxxxx in xxx stairway xxxxx to xxx second xxxxx and xxxxx the xxxxxx paintings xxxx also xxxxxxxxx from xxxxxxx which xxx written xx the xxxx along xxxx the xxx The xxxxxxxxx claims xxxx the xxxxxxxx was xxxxxxxx illegally xxx should xx excluded xxxx the xxxxx DiscussionBy xxx th xxxxxxxxx of xxx United xxxxxx Constitution xxxxxxxxxx is xxxxxxxxxx by xxx following xxxxx ldquo xxx right xx the xxxxxx to xx secure xx their xxxxxxx houses xxxxxx and xxxxxxx against xxxxxxxxxxxx searches xxx seizures xxxxx not xx violated xxx no xxxxxxxx shall xxxxx but xxxx probable xxxxx supported xx Oath xx affirmation xxx particularly xxxxxxxxxx the xxxxx to xx searched xxx the xxxxxxx or xxxxxx to xx seized xxxxx Cornell xxx The xxx therefore xxxxxxxxx government xxxxxxxx from xxxxxx without xxxxxx warrant xxx officer xxx to xxxxxx prior xxx proper xxxxxxx in xxxxx to xxxxx out xxxxxx While xxxxxxxxx the xxxxxx warrant xxxxxxxx must xxxxx probable xxxxx for xxx search xxx the xxxxx where xxx search xx to xx carried xxx So xxxx Amendment xxxxxxxxx officers xxxx searching xxxxxx not xxxxxxxxx in xxx search xxxxxxx Officers xxx to xxxxx out xxxxxx only xx the xxxx specified xx the xxxxxxx and xxx search xxxxxxx its xxxxxxx The xxxxxxxxxxxx rule xxxx not xxxxx the xxxxxxxxxx from xxxxx evidence xxxxx have xxxx obtained xx violation xx United xxxxxx Constitution xxxxxxx in xxx case xx Arizona x Evans x S xx was xxxxx by xxx court xxxx illegally xxxxxxxx evidence xxxxx not xx excluded xx the xxxx of xxxxxxxxx is xxxxxx than xxx deterrent xxxxxxxx In xxxx the xxxxxxx canprove xx have x mistaken xxxxxx to xxxx had xxxxxx warrant xxxx for xxxxxxxxx the xxxxxxxx could xx used xxxxxxx the xxxxxxxxx It xxxxxx also xx noted xxxx even xx courts xx not xxxxxx the xxxxxxxxx obtained xxxxxxxx government xxx bring xx the xxxxxxxx to xxxxxx the xxxxxxxxxxx of xxx defendant xxxxx s xxxxx ConclusionIn xxx present xxxx Sophie xxx violated xxx terms xx the xxxxxxx and xxxxxxxxx search xxxx the xxxxxx floor xxxx the xxxxxxx was xxxxx only xxx the xxxxxx floor xx per xxx rule xx exclusion xxxxxxxx obtained xxxxxxx the xxxxxxx of xxx United xxxxxx constitution xx not xxxxxxxxxx in xxxxx However xxx officer xxx use xxx evidence xxxxxxx the xxxxxxxxx to xxxxxx upon xxx credibility xx Mariah xxxxx s xxxxxxx of xxx crime xxxxxxxxxxxxxxxxx edu x d xxxxxx Warrant xxxxxxxxx from xxxx www xxx cornell xxx wex xxxxxx warrantCornell xxx n x Exclusionary xxxx Retrieved xxxx http xxx law xxxxxxx edu xxx exclusionary xxxx contentMore Articles From LAW
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