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timer Asked: Mar 9th, 2015

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Officer Bentley was assigned to a saturation detail where he was sent to areas where there were citizens’ complaints of street drug sales. On one of those details he observes a number of teenagers and young adults standing on a street corner, including Steve Rogers. Some of the individuals with Rogers are known gang members though the officer does not know Rogers. He approaches the group to find out what they were doing in the area. As he begins to talk with the group Rogers walks away. He tells Rogers to stop and Rogers continues to walk away and drops a dark item into the snow. After repeated requests to stop are ignored, Officer Bentley physically restrains Rogers. He conducts a pat down search and recovers a clear plastic bag containing a tin foil pack of white powder, suspect heroin. The defendant is then placed under arrest and $737 is found on his person. Bentley’s partner, Officer Granger, finds a 38 caliber Smith and Wesson handgun on top of the snow in the area where Bentley saw an item dropped by Rogers. After being advised of his rights, Rogers signs consent to search of his home where a ½ kilo of cocaine is found inside a trunk located in the basement. Rogers lives on the second floor of the house.

His attorney files a motion to quash arrest and to suppress evidence based on a violation of the 4th Amendment protection against unreasonable searches and seizures.

·  Discuss and explain the legal analysis that should be conducted in determining whether the motion should be granted? Please discuss what the prosecution and defense will argue

·  Should the gun, heroin or cocaine be admissible at trial?

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