Reference no: EM13814006
Officer Renegade approached the Sheriff regarding the placement of a GPS device on the automobile of a man suspected of drug trafficking. The Sheriff told him to hold off until he had some time to have legal counsel research what was required. Officer Renegade was so convinced that the suspect was about to pick up a substantial quantity of cocaine, he did not wait to hear back from the sheriff. He planted a GPS device on the suspect's car and monitored his movements for ten days. Based on those movements, Officer Renegade determined that every two days the suspect drove to the same location, taking a different route each time, but always returning to his residence. Each trip took about the same amount of time. Officer Renegade then obtained a search warrant of the suspect's home based on these monitored movements and surveillance of the suspect's home on his return from these trips. When the warrant was executed, the police found two pounds of cocaine neatly packaged in one-ounce plastic bags, scales, and a loose white powder used to cut the cocaine before packaging. The suspect was charged with trafficking in cocaine and related charges.
The suspect's criminal lawyer has filed motions to suppress any evidence taken from the suspect's home claiming that the warrantless placing of the GPS device was a violation of the Fourth Amendment and therefore the search warrant of his residence was invalid. The Sheriff wants to know what her position should be, what the law is, and what your recommendations are for dealing with this claim. She also wants you to explain your reasons for your recommendations.
Additionally, the suspect's civil lawyer has filed a Section 1983 claim against Officer Renegade, the Sheriff, and the city of Saint Leo. The Sheriff wants to know what her position should be, what the law is, and what your recommendations are for dealing with this claim. She also wants you to state your reasons for your recommendations.
Finally, the Sheriff was so angry, she fired Officer Renegade for insubordination without a hearing. Officer Renegade was the subject of many previous internal investigations and the Sheriff did not want to risk a lawsuit for failure to discipline. Because she knew that Officer Renegade would try to obtain employment in the town of Peaceful Valley, the sheriff sent a copy of Officer Renegade's personnel file to Peaceful Valley's sheriff. Officer Renegade is threatening to sue the Sheriff and the city for violating his property rights and his liberty rights. The Sheriff wants to know if Officer Renegade has valid claims and what her position should be.
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