Decide to conduct knock and talk on his residence

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Reference no: EM133812590

Question

Police suspect Tim of running a meth lab in his house. They decide to conduct a "Knock and Talk" on his residence to gain consent to search his house. When police knock on the door, it is answered by Tim's 18 year old daughter Mary. Mary, angry at her dad for not letting her go out that night, gives officers consent to search the house. She tells the officer's, "You can look anywhere you want, just not in my room."

The police then begin to walk through the house looking in each room. When they get to Tim's bedroom, police go in and find a quantity of meth as well as equipment used to make meth. Before leaving, officers walk past Mary's room. Officers are able to see into Mary's room while standing in the hallway through an open door. Looking through her open door, but without entering the room, police see a quantity of cocaine on her night stand. The officers then enter and retrieve the marijuana. They then arrest Mary. She yells, "I told you that you couldn't look in there!"

At this time, Tim comes home and objects to the search. Police arrest Tim for what they found in Tim's bedroom. Police then go to search the basement. Tim objects to that search. So one officer places Tim in a cruiser. The officers then search the basement and find more evidence of an illegal meth operation. Both Tim and Mary get charged.

Both Tim and Mary object to the search of the house and the various rooms in the house. How should the Court rule as to BOTH objections; Mary's objection to the search and Tim's objection to the search? Give legal justifications for your answers.

Reference no: EM133812590

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