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 s xxxxx while xxxxxxx search xxxxxxx for xxxx the xxxxx floor xxx gun xxxxxxxxxx with xxx crime xxx found xx the xxxxxxxx going xx the xxxxxx floor xxx later xxx stolen xxxxxxxxx were xxxx recovered xxxx address xxxxx was xxxxxxx on xxx note xxxxx with xxx gun xxx defendant xxxxxx that xxx evidence xxx obtained xxxxxxxxx and xxxxxx be xxxxxxxx from xxx trial xxxxxxxxxxxx the xx Amendment xx the xxxxxx States xxxxxxxxxxxx government xx restricted xx the xxxxxxxxx rules 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 xxxxxxx edu xxx law xxxxxxxxx prohibits xxxxxxxxxx officers xxxx search xxxxxxx proper xxxxxxx The xxxxxxx has xx obtain xxxxx and xxxxxx warrant xx order xx carry xxx search xxxxx obtaining xxx search xxxxxxx officers xxxx prove xxxxxxxx cause xxx the xxxxxx and xxx place xxxxx the xxxxxx is xx be xxxxxxx out xx this xxxxxxxxx prohibits xxxxxxxx from xxxxxxxxx places xxx mentioned xx the xxxxxx warrant xxxxxxxx are xx carry xxx search xxxx in xxx area xxxxxxxxx in xxx warrant xxx not xxxxxx outside xxx mandate xxx Exclusionary xxxx does xxx allow xxx government xxxx using xxxxxxxx which xxxx been xxxxxxxx in xxxxxxxxx of xxxxxx States xxxxxxxxxxxx However xx the xxxx of xxxxxxx v xxxxx U x it xxx noted xx the xxxxx that xxxxxxxxx obtained xxxxxxxx would xxx be xxxxxxxx if xxx cost xx exclusion xx higher xxxx the xxxxxxxxx benefits xx case xxx officer xxxxxxxx to xxxx a xxxxxxxx belief xx have xxx search xxxxxxx even xxx stairways xxx evidence xxxxx be xxxx against xxx defendant xx should xxxx be xxxxx that xxxx if xxxxxx do xxx accept xxx illegally xxxxxxxx evidence xxxxxxxxxx can xxxxx in xxx evidence xx target xxx credibility xx the xxxxxxxxx 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 x defence xx the xxxxx ReferencesCornell xxx n x Search xxxxxxx Retrieved xxxx http xxx law xxxxxxx edu xxx search xxxxxxxxxxxxxx edu x d xxxxxxxxxxxx Rule xxxxxxxxx from xxxx www xxx cornell xxx wex xxxxxxxxxxxx rule xxxxxxxMore Articles From LAW
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