Reference no: EM133317673

Case: You are a newly appointed investigator with a rural police department. You've received reliable information that a suspected drug dealer is maintaining a marijuana growing operation on his property which is within your jurisdiction. You go to the suspect's home and when he opens the door after you identify yourself as a police officer, you see several plants you believe may be marjuana seedlings growing under heat lamps. You ask to search where the plants are located and the suspect refuses to allow you. You keep asking time after time and the answer is still "no". You noted upon arrival that the house had a wrap-around porch which would allow you to see inside the windows of the living room where you think you saw the marijuana seedlings. Also, you see what appears to be household trash in a trash can located near the porch and the street in front of the suspect's house, You put the trash from both trash cans in your patrol car and when you get to the station you searched the bags and found what is established to be dead marijuana seedlings in the bag from the can near the porch and a broken marijuana drying machine from the trash can at the street. When you walk past the car in the year, you notice a clear plastic bag in the front seat that looks like marijuana. The door is unlocked, so you open the door and take the contraband. The police used the evidence they found against him at trial and the defendant filed a motion to dismiss the evidence.

Question 1) Prepare and complete a 4th amendment analysis that identifies and analyzes all of the constitutions presented.

Question 2) After the analysis, conclude whether the motion will be successful regarding the use of all of the evidence based upon the specific evidence and where it was located. Explain.