Question 1

Daniel is on trial for possession of marijuana which was found in his home when a warrant was issued and a search conducted. Daniel claims that there was insufficient evidence to establish probable cause to support the search warrant, and that the warrant was therefore invalid. Which of the following is the prosecution's best response to Daniel's argument?

Question 2

Officer Fier dislikes his daughter's boyfriend, Chas, and is looking for a way to get rid of the kid. He requests a search warrant for Chas' trailer home from Judge Giles. To establish probable cause, Fier provides Judge Giles with a properly executed but untruthful affidavit stating that he witnessed Chas selling stolen blenders from the trailer. Judge Giles issues the warrant and Fier conducts a vigorous search during which he discovers one partially burnt marijuana cigarette. Chas is roughly cuffed and arrested, the evidence seized. At trial a judge is likely to:

Question 3

Drake is a well-known drug dealer in the neighborhood. While he is away on vacation, Officer Downey breaks into his home and takes pictures of his indoor marijuana plants, leaving no evidence of having illegally entered the abode. Later that month Drake is arrested for selling cocaine. When Officer Downey calls Prosecutor Able and offers his incriminating evidence, Able starts screaming profanities, says something about "useless garbage," and hangs up. Has Prosecutor Able just cut herself off from a source of useful evidence in the case against Downey?

Question 4

Grant O. Deliverer regularly engages in the illegal interstate transportation of stolen goods. Officer Speedy surreptitiously breaks into the back of Grant's truck and hides there, intending to inventory the goods loaded and unloaded from the vehicle to use as evidence against Deliverer. While in hiding, Officer Speedy overhears Deliverer agree to commit a murder-for-hire. Afraid to leave the truck, Officer Speedy is unable to prevent the murder. At Deliverer's murder trial the evidence overheard by Speedy will be:

Question 5

The police perform an illegal search of Peter's home and find drugs as well as a large, metal box full of keys. Most of the keys are not labeled, and therefore of little use in further investigation. One key, however, has a paper tag attached to it. The tag is from the Lo-Down Self-Storage Co., and has the number 317 written on it. The police visit the owner of Lo-Down Self-Storage and ask permission to enter the premises for the purpose of using the key to discover the contents of the locker. They are given permission. Upon opening the locker they find a portable drug lab. Is the drug lab evidence admissible against Peter?