Description
The writing assignment asks you to analyze a scenario and decide whether law enforcement officers follow Fourth Amendment procedural rules in gathering evidence. First, read the scenario below.
Your neighbor Dan has recently been arrested and charged with manufacture and possession of methamphetamine in violation of your state's law. The charges are based on evidence that police officers found in Dan's garbage can, including glass bottles and jars, metal cans, plastic tubing, empty Pseudoephedrine cardboard boxes, and household use batteries with residue matching the chemical compounds of methamphetamine. Dan placed the garbage can at the curb for weekly garbage pickup. A police officer riding with the garbage truck driver picked up Dan's garbage - Dan's garbage was kept separated from all other garbage. Based on the items found in Dan's garbage can, police officers prepared and obtained a search warrant to search Dan's house where they found additional evidence of illegal narcotics. Dan's attorney plans on filing a motion in court, asking the court to suppress/exclude the evidence found in Dan's garbage can on the basis that the police officers violated Dan's Fourth Amendment rights when they took his garbage. |
For your written assignment this week, you are to write a paper identifying the legal issues and discussing Dan's procedural rights in the case. Be sure to support your discussion and analysis with research:
- Explain whether the wording of "persons, house, papers and effects" in the Fourth Amendment applies to Dan's garbage.
- Has there been a search or seizure within the meaning of the Fourth Amendment in this case?In other words, was there a search or seizure of Dan's garbage that triggers Fourth Amendment issues?
- Does Dan have a "reasonable expectation of privacy" in his garbage can sitting at the curb? Why or why not?
- Discuss whether you feel that the judge properly issued the search warrant for Dan's house.
- In other words, what is the standard of proof for police officers to obtain a warrant? Be sure to define probable cause.
- Will Dan's attorney be successful in his motion to have the evidence excluded? Why or why not?
Please be sure to prepare your assignment following APA citation and format requirements. You must include proper citations to any source you relied on for information that you include in your paper.
Explanation & Answer
Hi, Find attached the completed work. Feel Free to ask for any clarification and editing if need be. Looking forward to working with you in future. Thank you
Running head: LEGAL ISSUES
Case Study: Legal Issues
Student’s Name
Professor’s Name
Course Title
Date
LEGAL ISSUES
2
Explain whether the wording of “persons, house, papers and effects” in the Fourth Amendment
applies to Dan’s garbage.
The wordings of “persons, house, papers and effects” in the Fourth Amendment does not
apply to Dan’s garbage. This is because; Dan had kept his garbage on the curb for collection by
the garbage truck a situation which can be said that he had abandoned any reasonable
expectation of privacy in the garbage and its contents. Since he had no intention whatsoever of
maintaining this privacy, the Fourth Amendment does not protect him (Fischer David Trial
Lawyers, 2016). In reference to Strawder vs. State, No. 3D14-377, the suspect, Strawder, had
placed contraband in a garbage can which was seized by the police and after the police
identifying that the contents in the safe were illegal; Strawder was charged with possession of
illegal items arguing t...