Reference no: EM133812595

Question

Police have an arrest warrant for bribery for Congressman Dewey Cheatem. The officers go to his residence. They note that the lights are on in the house and loud music is playing. They also run the license plates to the two cars in the driveway. One car comes back to the Congressman at that address. The other car comes back to a female with a different address.

The officers check the front door and find it unlocked. The officers proceed into the house. They hear some type of movement in the study. Upon entering the study, the officers observe both the Congressman and his assistant undressed, engaged in a sexual act on the Congressman's desk. One of the officers places the Congressman under arrest on the warrant. The officer then opens the desk drawer that is directly in front of the Congressman. Inside the drawer, the officer sees some papers. The officer removes the papers and reads them. Determining that they are evidence to support the bribery charges, the officer seizes them as evidence.

The other officer, after allowing the assistant to get dressed, does a thorough search of the assistant's purse. The officer sees a quantity of drugs in her purse, so he arrests the assistant for possession of drugs.

Congressman Cheatem asks the officers if he can put other clothes on before being taken to jail. The officer agrees and walks the Congressman to his bedroom. However, prior to the Congressman opening his dresser drawer, the officer opens it and looks through the drawer. The officer sees a quantity of cocaine in the drawer, and seizes that as well.

At trial, both attorneys for the Congressman and his assistant object to the seizure of the papers and the drugs. How should the court rule on each defendant's objections? State the legal reasons for your answers.