Identify the opposing stance might be argued in court

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Reference no: EM133342263

Assignment:

Choose one of the two search and seize scenarios listed below. State your reasoning if the mentioned evidence would be excluded in a court of law or not. Identify the case that supports your stance, and explain why. In your response to a classmate, identify how the opposing stance might be argued in court.

Scenario I

Julian is a veteran narcotics officer of 20 years. While at a friend's bachelor's party, he asks to use the bathroom. Because the guest bathroom was out of commission, the owner of the home instructed him to use the master bedroom's bathroom. In a basket on the back of the toilet, Julian spots a white powder-like substance that is arranged in four small plastic bags. Julian arrests the homeowner and charges him with possession. Should this substance be excluded? Why, or why not?

Scenario II

Brandy and Robert, who are both 15, are walking home from the local park. They are approached by the local police and questioned. It is explained to them that Robert fits the description of a suspect for a burglary in the area. The officers search both of them and find a small bag of marijuana in Brandy's back pocket. This gave the officers reason to search the backpack she was carrying. This resulted in the officers locating a small-caliber pistol. She was arrested and charged with unlawful possession of a weapon and possession of an illegal substance. Should this evidence be excluded? Why, or why not?

Reference no: EM133342263

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