Reference no: EM133391857
On January 7, 2023, at approximately 1:00 a.m., a 14 year old male Sam Taylor was stopped and arrested by the local police for being in possession of a stolen bicycle. The bicycle was easily recognizable as being stolen in the same neighborhood because one of the arresting officers (there were four officers involved), Gage Weber, took the initial stolen bicycle report about a week earlier. The bicycle was a $4,000 red and white carbon fiber framed 18 speed Trek bicycle. Officer Weber examined the bicycle and observed that the serial number had been obliterated. Additionally, Officer Weber had personal knowledge that there had been four other high valued bicycles stolen within the last month in the same neighborhood.
When the stop was made, Sam was immediately recognized as a juvenile and asked where he lived. Sam stated he lived with his 60 year old great-aunt in a nearby townhome complex. Sam was placed in custody (along with the bike) and transported to his great-aunt's home. Officer Weber (with the other three officers present), knocked on the door until the great-aunt responded. The officers identified themselves and advised her why her great-nephew had been arrested. She indicated that she understood.
Officer Weber then told her that several other similarly expensive bikes have been stolen recently and that he would like to search her apartment for any other stolen bicycles. Officer Weber was assertive in his manner of speaking but not overly commanding. At first, Sam's great-aunt hesitated but then gave permission for all four of the officers to enter and search.
The officers searched the entire apartment, including each room, patio, outside backyard area and storage areas. This included under each bed, every closet and the bathroom area. While searching, one of the assisting officers told Weber he had found some marijuana in Sam's room, which had been in a shoe box in Sam's bedroom closet. Officer Weber advised the great-aunt that Sam would be charged with possession of marijuana as well as with theft of the bicycle. The officers left the townhome at about 4:00 a.m.
At around 7:00 a.m., Officer Weber returned to the great-aunt's residence and asked for permission to search further. Great-aunt inquired for what purpose? Weber told her that he wanted to look for additional narcotics. Great-aunt told him, "sure, I guess." Weber had been searching when the great-aunt's granddaughter, who also lives in the townhome and had been working the nightshift at a local hospital, demanded that Officer Weber leave the home. Weber stopped searching but told the granddaughter he would be back with a search warrant.
1. What the 3 procedural problems in the scenario?
2. What the police officer could have done for each to make the procedure proper?
3. How can the case law be applied to the procedural problems?
4. How does case law apply to the officers to make the proper procedure?
5. What amendments can be used to defend these 3 procedural problems?