Abuse a consent search
1. Cite an example in which an officer might abuse a consent search. Provide examples to support your argument.
2. Topic: Plain View
Sheriff Joe went to the residence of Danny Defendant and Austin Accomplice to contact them regarding an unrelated police matter. Sheriff Joe was unable to contact these two at the house. A renter at the property told the Sheriff to look in the shed/garage to see if they were there.
As Sheriff Joe approached the garage, he heard loud music. Although Sheriff Joe knocked on the open garage door and identified himself, he heard no response. Sheriff Joe believed it might be difficult for someone inside the garage to hear him, so he entered the building through the open door.
Sheriff Joe went about half way into the garage. He was unable to find Danny and Austin, but he saw marijuana in a tray near the back of the garage. He could not see the tray from the threshold of the building. Sheriff Joe left the property and returned several days later with a search warrant and seized the marijuana.
Should Danny and Austin move to have the evidence of marijuana suppressed at a trial for possession of an illegal substance? If so, would they prevail? Explain.
3. If you were charged with coming up with the “magic bullet” for reforming the penal system, how would you respond? Explain, offering specific elements of your proposal.
4. Identify the best argument for privatizing prisons. Is this enough to persuade you to side with Calabrese? Explain. Additionally, would you characterize privatization of prisons as cost effective, corner-cutting, or somewhere in between? Respond using evidence from the selections by Calabrese and Sinden to support your answer.
5. Should marijuana be legalized in all states? Why or Why Not? Benefits? Issues?
Answer preview to abuse a consent search
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