Narcotics investigators suspected Bertha was selling illegal…
Narcotics investigators suspected Bertha was selling illegal drugs from her house. Neighbors complained about late night traffic at Bertha’s home. Investigators set-up surveillance of Bertha’s residence and noted that vehicles would pull up in front of the house frequently throughout the night and stop for only short periods of time. During the surveillance of the house, officers noticed black bags of trash placed on the curb for trash pick up. The investigators arranged for the trash to be picked up the following morning and they searched the bags of trash. In addition to trash, the investigators found evidence of drug activity, which they used to obtain a search warrant. The warrant was executed and drugs were found on the premises. Was a search warrant required to search Bertha’s bags of trash?
Read DetailsDeputy Jill was patrolling in her unit, when she saw Reggie…
Deputy Jill was patrolling in her unit, when she saw Reggie driving his old pick-up down a secluded county road. Deputy Jill initiated a traffic stop to see if Reggie was up to no good. Since it was starting to rain, Deputy Jill decided to place Reggie under arrest and to question him further at the Sheriff’s office. She performed a pat-down incident to the arrest and found a crumpled cigarette package in his shirt pocket. She opened the cigarette package and found what appeared to be crack cocaine. Reggie was prosecuted for possession of a controlled substance. His attorney is arguing that the drug evidence should be suppressed because his 4th amendment rights were violated. Based on the facts above, was there a legal search incident to a lawful arrest?
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