Hypothetical
Police officers in Springfield, Missouri, develop probable cause (based on a tip from a reliable informant and their corroboration of the information provided) that Jim Garland is the leader of a motorcycle gang that has been burglarizing residences in the area and stealing computers, televisions, jewelry, and other valuable items. The police have probable cause to believe some of the stolen items are located in a rented storage unit. They obtain a search warrant for the storage unit which authorizes them to look for the various stolen items, including items as large as a 60-inch television and as small as some rings and earrings. They execute the search warrant at the storage unit, but do not find any of the items listed in the search warrant. They do discover several plastic baggies containing marijuana, however. They seize the marijuana, and then drive over to Jim Garlands house and knock on the door. When no one answers, they walk around the house to the garage, open the unlocked door, and look inside. They find a number of stolen items that were listed in the search warrant. They seize these items. Just then, Jim Garland returns home, and they arrest him. He is charged with multiple counts of theft, and with drug possession.
Instructions
Answer the following three questions in essay form.
You must start each essay by answering the question directly – yes, no, or maybe and then you must fully explain your answer.
Provide all relevant legal considerations.
If you conclude that a particular search was lawful, explain fully why it was lawful.
If you conclude that a particular search was unlawful, explain why it was unlawful and explain what it anything would have made it lawful.
Question 1
35 Points
1. Was the search of the storage unit lawful? (35 points)
If you conclude that the search was lawful, explain fully why it was lawful.
If you conclude that the search was unlawful, explain why it was unlawful and explain what it anything would have made it lawful.
Question 2
35 Points
2. Was the seizure of the marijuana lawful? (35 points)
If you conclude that the search was lawful, explain fully why it was lawful.
If you conclude that the search was unlawful, explain why it was unlawful and explain what it anything would have made it lawful.
Question 3
30 Points
3. Was the search of the garage lawful? Why or why not? (30 points)
If you conclude that the search was lawful, explain fully why it was lawful.
If you conclude that the search was unlawful, explain why it was unlawful and explain what it anything would have made it lawful.
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