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4th Amendment Application: The “Case of the Bad Boyfriend”

 

Read Kim’s Fourth Amendment https://www.law.cornell.edu/wex/fourth_amendment. article, Machado’s Fourth Amendment http://search.ebscohost.com/login.aspx?direct=true&db=ers&an=93787634&site=eds-live&scope=site&authtype=shib&custid=s8856897. article, view the Fourth Amendment: Exceptions to the Warrant Requirement (Part I) https://lawshelf.com/videos/entry/fourth-amendment-exceptions-to-the-warrant-requirement-part-i. and the Fourth Amendment: Exceptions to the Warrant Requirement Part II) https://lawshelf.com/videos/entry/fourth-amendment-warrant-requirement-exceptions-part-ii. videos, and review the Supreme Court Opinion synopses. You may want to review the recommended resource, Fourth Amendment Remedies as Rights: The Warrant Requirement http://search.ebscohost.com/login.aspx?direct=true&db=edsbig&an=edsbig.a456250624&site=eds-live&scope=site&authtype=shib&custid=s8856897, for a more complete understanding of the Fourth Amendment and remedies for its violation.
Read the following case scenario:
Linda Rhodes and her boyfriend, Joe Marshall, were arrested as a result of a drug raid. Linda was making dinner for her children, who were with her in the kitchen, and Joe, who was in the living room, when the police, led by Sgt. Rick Rodgers, broke down her door. Linda owns the house. Joe has no ownership interest in the house but has been living there for the last year. The police found several ounces of cocaine, packaging material, scales, and a large amount of currency in small denominations in Linda and Joe’s bedroom. The cocaine was found in a dresser drawer, but the rest of the items were on the bed in plain view. Both Linda and Joe were charged with possession of cocaine with the intent to distribute it.
Joe Marshall has been arrested twice before for drug offenses. The first arrest was three years ago when he was charged with intent to sell, to which he pled guilty to possession and received five years’ probation. The second arrest was six months ago; however, the case was dropped for lack of evidence when the police evidence room lost the drugs.
Joe was also arrested three times for domestic violence: five years ago and three years ago against his former wife, and three months ago for beating Linda. All the cases were dropped when the victims refused to testify.
Linda has been arrested twice, eight and five years ago, for possession of marijuana. The first case was dropped when she identified her dealer. She pled guilty to the second charge and received one year of probation.
Linda works for a maid service, cleaning private homes. Joe has no known employment and claims to be a musician. Linda’s income from the maid service is the only known source of income for the household.
On the day in question, the police broke down the door without knocking or announcement. There was no other damage to the house, but the house was turned “upside down.” The police properly collected and tagged all of the evidence and immediately transferred it to the police evidence room. Both Joe and Linda claim to have no knowledge of the cocaine.
The police questioned Linda’s daughters, Sally (age 3) and Sara (age 9). Sally was crying and had no coherent statement about the incident. Sara told the police that she saw Joe with the “white powder” and that he said it was for a bubble bath and a surprise for mommy and that Sara should “keep it secret.”
An informant told Sgt. Rodgers about the cocaine. The informant’s name was not revealed, but he has provided reliable information in the past. The police were watching the house while waiting for a warrant. They claim they heard screams and decided to enter the house due to the knowledge that young children were in the house. The warrant was delivered one hour later.
Research Fourth Amendment cases involving searches, warrants, and exigent circumstances.
In your paper,
Define probable cause and its relationship to determining the legality of a search.
Explain the purpose and application of the exclusionary rule.
Identify whether Joe had legal standing to object to the search.
Describe whether the cash, packaging material, and scales admissible at trial if the police rely on exigent circumstances.
Explain whether the evidence of the cocaine is admissible at trial.
Identify whether the police had the right to go into the bedroom when relying on exigent circumstances.
4th Amendment Application, the “Case of the Bad Boyfriend” paper

 

Sample Answer

4th Amendment Application: The “Case of the Bad Boyfriend”

Introduction

The Fourth Amendment to the United States Constitution provides citizens with protection against unreasonable searches and seizures. It guarantees the right to privacy and requires law enforcement to obtain a warrant based on probable cause before conducting a search. However, there are exceptions to this requirement, such as exigent circumstances. In the case of Linda Rhodes and her boyfriend, Joe Marshall, who were arrested during a drug raid, several legal issues arise regarding the search and the admissibility of the evidence. This paper will analyze these issues and provide an assessment based on Fourth Amendment cases involving searches, warrants, and exigent circumstances.

1. Definition of Probable Cause and its Relationship to Determining the Legality of a Search

Probable cause is a legal standard that requires a reasonable belief that a crime has been committed and that evidence related to that crime will be found in a particular place. It serves as the basis for obtaining a search warrant. To establish probable cause, law enforcement must present facts and circumstances that would lead a reasonable person to believe that a search would uncover evidence of illegal activity.

In the case of Linda and Joe, the police received information from an informant about the presence of cocaine in their residence. The informant, who has provided reliable information in the past, remains anonymous. Based on this information, the police were in the process of obtaining a warrant when they claimed to hear screams coming from inside the house. They then decided to enter the premises to ensure the safety of the young children present.

The question here is whether the police had probable cause to conduct a search before obtaining a warrant. The Supreme Court has recognized that exigent circumstances, such as the need to prevent harm or destruction of evidence, can justify a warrantless search. If the police had reasonable grounds to believe that there was an immediate threat to the safety of individuals inside the house, it could be argued that their actions were justified under the exigent circumstances exception.

2. Purpose and Application of the Exclusionary Rule

The exclusionary rule is a legal principle that prohibits the use of evidence obtained in violation of the Fourth Amendment. Its purpose is to deter law enforcement from engaging in unconstitutional searches and seizures by excluding any evidence that is illegally obtained. The exclusionary rule acts as a safeguard to protect individuals’ privacy rights and uphold the integrity of the criminal justice system.

In the case of Linda and Joe, if it is determined that the police violated their Fourth Amendment rights by conducting a search without a warrant or without proper justification under exigent circumstances, the exclusionary rule would come into play. This means that any evidence seized during the search, such as the cash, packaging material, scales, and cocaine, would likely be deemed inadmissible at trial. The exclusionary rule acts as a deterrent against unlawful police conduct and ensures that individuals are not unfairly prosecuted based on illegally obtained evidence.

3. Legal Standing of Joe to Object to the Search

To have legal standing to object to a search, an individual must have a reasonable expectation of privacy in the place being searched. In this case, Linda owns the house, while Joe has been living there for the past year but has no ownership interest. The question is whether Joe has a legitimate expectation of privacy in the residence.

The Supreme Court has held that individuals who are legitimately on the premises but do not have a possessory interest can still claim Fourth Amendment protections if they have a reasonable expectation of privacy. Factors such as long-term occupancy and personal belongings at the premises may be considered in determining whether an individual has a reasonable expectation of privacy.

Here, Joe has been living in the house for a year, indicating a certain level of residency and an expectation of privacy. However, his lack of ownership interest may weaken his standing to object to the search. Ultimately, the determination of Joe’s legal standing to challenge the search would depend on the specific facts and circumstances of the case and the interpretation of relevant Fourth Amendment precedents.

4. Admissibility of Cash, Packaging Material, and Scales Based on Exigent Circumstances

The admissibility of evidence seized during a warrantless search based on exigent circumstances depends on whether the search was justified under the specific circumstances. In this case, the police claimed to hear screams from inside the house and entered to ensure the safety of the young children present. They subsequently discovered cash, packaging material, and scales on the bed in plain view.

Under the exigent circumstances exception, if the police had reasonable grounds to believe that there was an immediate threat to the safety of individuals inside the house, their warrantless entry and seizure of evidence may be deemed lawful. However, it is important to note that exigent circumstances must be objectively reasonable and based on credible information.

In this scenario, if the police can establish that they had a legitimate belief that immediate action was necessary to prevent harm to the children, it is likely that the cash, packaging material, and scales would be considered admissible at trial. However, the specific facts surrounding the screams and the reasonableness of the police’s actions would need to be thoroughly examined to determine the admissibility of this evidence.

5. Admissibility of Evidence of Cocaine

The admissibility of the evidence of cocaine found in Linda and Joe’s bedroom drawer depends on whether it was obtained through a lawful search. If the police conducted a search without a warrant or without proper justification under exigent circumstances, the evidence would likely be deemed inadmissible under the exclusionary rule.

In this case, since the police were in the process of obtaining a warrant but decided to enter the house based on screams they claimed to hear, the admissibility of the cocaine would depend on the reasonableness of their actions and whether they had a legitimate belief that immediate action was necessary to ensure the safety of the children. If their actions are deemed justified under the exigent circumstances exception, the evidence of cocaine may be considered admissible at trial. However, if their search is found to be in violation of the Fourth Amendment, the evidence would likely be suppressed.

6. Police’s Right to Enter the Bedroom Based on Exigent Circumstances

Under the exigent circumstances exception to the warrant requirement, law enforcement may enter a residence without a warrant if they have reasonable grounds to believe that there is an immediate need to protect life or prevent serious harm. In this case, the police claimed to hear screams coming from inside the house and entered to ensure the safety of the young children present.

The legality of the police’s entry into Linda and Joe’s bedroom would depend on whether their belief that immediate action was necessary to protect the children was objectively reasonable. If the police can establish that they had reasonable grounds to believe that there was an immediate threat to the safety of the children, their entry into the bedroom may be deemed lawful under exigent circumstances.

However, it is essential to analyze the specific circumstances surrounding the screams, the reasonableness of the police’s actions, and whether they could have taken alternative measures before entering the bedroom. If their entry is found to be unjustified or excessive, it could be argued that their actions violated Linda and Joe’s Fourth Amendment rights.

Conclusion

The “Case of the Bad Boyfriend” raises several legal issues regarding searches, warrants, and exigent circumstances under the Fourth Amendment. Based on an analysis of relevant Fourth Amendment cases and principles, it can be concluded that the admissibility of evidence and the legality of the search would depend on factors such as probable cause, legal standing, and objective reasonableness of the police’s actions. The specific facts and circumstances of the case would ultimately determine the outcome and the application of Fourth Amendment protections in this scenario.

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