Discuss the exclusionary rule

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Assignment:

The next day, while Peter is at work, Jacob enters the apartment and searches through the closets. He finds a shoebox full of cash and a suitcase that contains bricks of cocaine wrapped in plastic. He takes everything to the police. Based on this evidence, police arrest Peter for drug trafficking. Peter moves to suppress the evidence Jacob uncovered, arguing that it was an illegal search.

How should the judge rule on this motion? Why?

For this assignment, you do not need to discuss the Exclusionary Rule as we won't study that for several weeks. Instead, focus on the Fourth Amendment, the definition of a search, and whether the Fourth Amendment applies to this situation. Apply the rule from US v. Walther to reach your conclusion. Format your answer using the IRAC method (Issue, Rule, Application, Conclusion).

Reference no: EM133229656

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