ASSIGNMENT HELP | Brown has the standing to object to the seizure of which items?

Consider the following hypothetical situation: Smith comes to Brown\’s apartment and gives Brown counterfeit money in exchange for heroin. Smith and Brown depart, leaving the money and drugs on a coffee table in the living room. The police illegally break into the apartment and seize the items on the coffee table. Brown has the standing to object to the seizure of which items? All writings should reference the textbook, Criminal Law & Procedure, as one source

SAMPLE SOLUTION

Illegal Search and Seizure

The fourth amendment provides that if an object related to a crime is in a plain view and can easily be identified from a point where a law enforcement officer has the PLACE YOUR ORDER NOW AT writtask.com | to access, the object can be seized without a PLACE YOUR ORDER NOW AT writtask.com |with legal access to a suspect’s PLACE YOUR ORDER NOW AT writtask.com | and from a distance sees contraband PLACE YOUR ORDER NOW AT writtask.com | on a coffee table, the law enforcement officer at this point does need a PLACE YOUR ORDER NOW AT writtask.com | to seize the drugs or other PLACE YOUR ORDER NOW AT writtask.com | items in PLACE YOUR ORDER NOW AT writtask.com | the event of hot pursuit, police officers do not require a search warrant prior to entering the building where a suspect has been identified.

In Brown’s case, it clear that the police officers had no search warrant for seizure items and they illegally PLACE YOUR ORDER NOW AT writtask.com |may be considered an exigent circumstance. Since the drugs and counterfeit money were in plain view, under the fourth amendment, the police, in this case, had the right to PLACE YOUR ORDER NOW AT writtask.com | had the right to object PLACE YOUR ORDER NOW AT writtask.com | of other private items in his home. Moreover, he could object seizure to Smith’s house, despite him having the knowledge of the drugs and PLACE YOUR ORDER NOW AT writtask.com | evidence was obtained through unconstitutional search and seizure, it could not be used in a court trial against Brown, other people who may tend to object the search can be PLACE YOUR ORDER NOW AT writtask.com | using the same evidence. This means that an illegal search can turn to incriminating evidence against the victim and his PLACE YOUR ORDER NOW AT writtask.com | to this case, if Brown succeeded in objecting the unreasonable search and seizure, he can go free based on the fact that his constitutional rights were invaded by the police, while other partners like Smith, who was also involved in the crime go to prison (Abbey & Keasler, 2016).

References

Abbey, C. N., & Keasler, H. M. E. (2016). Criminal Procedure: Confessions, searches, and seizures. SMU Annual Texas Survey, 2(1), 131.

Bacigal, R. J., & Tate, M. K. (2014). Criminal law and procedure: An overview. Cengage Learning.

Cryer, R., Robinson, D., & Vasiliev, S. (2019). An introduction to international criminal law and procedure. Cambridge University Press.