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?