Reference no: EM131592247

At approximately 3:00 a.m., an officer sees the defendant and a companion standing on the second floor balcony of a house, where the defendant was staying as an overnight guest. The balcony can be accessed by steps leading from the street, and below the balcony is a front porch that leads to the front door of the home. Although a wooden railing surrounding the balcony prevents people on the street from seeing most of what takes place on the balcony, it does not completely block public view.

The officer smells burnt marijuana and walks up the stairs and onto the balcony. While on the balcony, the officer questions the companion regarding the odor of marijuana and he admits to smoking a marijuana cigarette and throwing it off of the porch. The officer then recovers the cigarette and arrests the companion. Another officer arrives and also enters the balcony via the steps and while talking to the defendant, detects an odor of marijuana on the defendant. As the defendant attempts to retrieve her identification at the officer's request, the officer observes what he knows, based on his training and experience, to be marijuana in her purse which he seizes. A search incident to arrest of the defendant reveals several rocks of crack cocaine on her person. The defendant is charged with possession of marijuana and possession with intent to distribute cocaine. Possession of marijuana in the particular jurisdiction is a criminal misdemeanor.

Based on your module 1 readings thus far, what issues regarding applicability of the Fourth Amendment may be raised at a subsequent trial? Do you think the evidence seized should be admissible against the defendant? Why or why not?