A search warrant is required when police enter a constitutionally protected area

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1. A search warrant is required when police enter a constitutionally protected area (e.g., home, office, motel room) where the owner has a reasonable expectation of privacy. The textbook discusses three (3) categories of searches; name each one and what it involves; identify any exceptions to a search category.

2. After reading the material in Learning Module 4 pertaining to “third party residence searches”, explain what action (if any) you would take as the investigating officer in the following scenario:

You take a citizen’s complaint for burglary from John Goodfellow, who resides at 777 Halo Point, Holiday City, USA. He reports the property stolen as a man’s gold and diamond Rolex watch, serial no. 12345 and a Colt AR-15 Rifle, serial no. 78910. Mr. Goodfellow states the rear door to his home was kicked in while he was away between the hours of 2 p.m. and 4 p.m. that day.

Based on your investigation of the crime, you developed probable cause to believe Rudy Patudy is the culprit, and that he is hiding out at his girlfriend’s house. The girlfriend, Fancy Nancy, lives at 123 Highjack Circle, Holiday City, USA; she has a criminal history of fencing stolen property. You drive by Nancy’s residence and observe an older model Chevy pick-up truck, green in color, parked at the rear of the house. A check of the vehicle tag shows a 1990 Chevy pick-up truck, green in color, registered to Rudy Patudy, at 1818 Mockingbird Lane, Holiday City, USA. Rudy has a criminal history of burglary and received a four year sentence in the state penitentiary for burglary; he was released from prison six (6) months ago.

You interview Nancy’s neighbor, Nosey Norman, who stated he saw Rudy park the truck and enter Nancy’s home 2 hours ago carrying a large, black duffel bag. He has not seen him exit the home since that time. Norman also advised he has witnessed Rudy stay overnight at Nancy’s residence on other occasions.

Be thorough in your explanation and justification of your actions. You can be creative, but do not write the suspect surrendered, or you called the Marshals.

 
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