Motion to suppress evidence

Scenario Patrol officer Duante Smith is dispatched to a loud noise complaint at an apartment in an area known for high narcotic activity. Officer Smith is also aware that undercover narcotics detectives have been conducting surveillance on this same apartment, and a male who frequents the apartment, who they have identified as Andrew Short. Patrol officer Duante Smith knocks on the apartment door. A woman answers the door, identifying herself as Sara Anderson. Officer Smith tells Anderson about the noise complaint. At that point, the narcotics detective walks up to the apartment, briefly stops to say hello to Officer Smith, then opens the apartment door and walks into the apartment. Upon entering the apartment, the narcotics detective sees a male sitting in a chair in the living room. The narcotics detective recognizes the man as Andrew Short, who he arrested in the past for drug charges. The detective starts questioning Short and asks him to stand up. The detective then reaches into Shorts back pants pocket, finding a plastic bag containing a white power substance. The detective also finds a handgun in the mans waistband. The detective notices that the serial number on the gun has been altered. The detective arrests Short for possession of narcotics and possession of a firearm with an altered serial number. The white powder in the plastic bag tests positive for heroin. The drugs and weapons found on Short are used to obtain a warrant to search Shorts house where more heroin is found, leading to additional drug charges against Short. Shorts defense attorney files a motion to suppress the evidence found on Short and in his home. Instructions You are the judge that has been assigned to rule on the motion to suppress evidence. How will you rule? Answer the following questions. Prepare written answers to the following questions. Support your answers based on relevant landmark U.S. Supreme Court cases and on what you have learned from your textbook or course materials Explain whether the detective lawfully entered the apartment. If not, what amendment did the officer violate? Explain whether the detective lawfully obtained the drugs from Shorts back pants pocket and the gun. If the detective did not lawfully obtain the drugs from Shorts back pants pocket or the gun, is this evidence admissible in court against Short? Explain Is the evidence found in the home admissible? Why or why not? Explain your answer. Explain whether there are any exceptions to the fruit of the poisonous tree doctrine.

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