Carefully review the scenario set forth below. Unless otherwise stated, assume the precedents and laws to be utilized are for the present day. Your analysis may be no longer than three pages, double spaced, 12 font, Times New Roman.
Officer B. D. Mann received an anonymous tip that a known fugitive wanted for a felony, I. Dunn Flew, was hiding at the home of Rita Conceala. Acting on the tip, Officer Mann did a background check on Rita and learned that she was on probation for Solicitation. Mann then contacted Ritas probation officer, Woody, and told Woody about the tip he had received. Woody then tried to contact Rita but was unable to reach her. Woody told Officer Mann about the fact that Rita had given a general consent to all searches by a Probation Officer of her person, house papers and effects as a condition of probation.
The police went to Ritas room, and found what appeared to be contraband white powder in her toiletries case. Flew was not there. The police went into the room next to Ritas and found evidence that Rita had been conducting an extensive call girl operation out of the boarding house. Rita was charged and sentenced to jail for violating her probation. Rita was also charged with a new charge of Solicitation.
Based on the evidence obtained in the room next door to Ritas, the police obtained a warrant to search the home of Irma Hooker. The police, on the authority of the warrant, searched the home of Irma Hooker, and found evidence: ledgers, bank deposits, records and receipts of the solicitation business. Among the records were the names of some prominent citizens, including the judge, Royal Hammerdem, who issued the search warrant, and who, it was later learned, did not know Irmas real name or address. At a subsequent hearing, the court found that the warrant for Hookers home was defective because of a technicality in the form filed: Hookers name was actually an alias and not her proper name.
The men who were named as Johns were charged with petty offense charges carrying less than 6 months in jail as punishment. All of these Johns demanded trial by jury and that lawyers be appointed for them. The court refuses to appoint lawyers for the Johns, and after a trial sentences them to a fine and a 30 day suspended sentence. The Johns demand a lawyer for appeal, and after denial of their appeal at the intermediary appeals court, the Johns demand appointment of a lawyer for the discretionary appeal to the State Supreme Court.
Officer Mann also convinced Irma to make contact with the Judge involved, and Irma agreed to wear a wire when she spoke with the judge. During the conversation with Irma, the judge made incriminating statements about a cover up and obstruction of justice, which Mann recorded from the radio transmissions.
Acting on other information obtained from Irma, Officer Mann, from the department helicopter flying at 400 feet, observed in a partially covered green house located in the back yard of Mayor, Bob N. Weave, several green, leafy plants believed to be cannabis sativa. Based on this information, a warrant was obtained and the Mayors property was searched and evidence of drug production was seized. Police also seized the trash from the street in front of the Mayors house, and in that trash they found records of drug sales and receipts. The warrant did not include the trash located on the street in front of the Mayors house.
Mann, acting on further evidence obtained from Irma, placed a radio transmitter on the outside of the telephone booth located outside the police station. The conversations coming from the telephone booth were recorded by Mann. One of these recordings was that of the Chief of Police, I.M. Crank, trying to arrange a cover up for the judge involved. The defendants all wanted to know how a person in their own, other states and the federal government got their jobs and could do practically whatever they wanted to do. The defendants also wanted to be informed about the various avenues of appeals and what types of things can be appealed should that become necessary, as well as what role that the media coverage and current political climate might play in the judicial decisions.
After the arrests, the local paper ran a picture of Crank talking to Irma at a time three weeks prior to the arrests. Based on this picture, the police had probable cause to obtain a warrant to search the local papers files for other pictures implicating Crank with Irma. Assume the probable cause was valid, and that the police obtained a warrant based on the probable cause to search the newspaper.
Officer Mann is driving in an unmarked police vehicle, and he sees Hammerdem fail to signal the right turn that Hammerdem made. Mann really wants to search Hammerdem and his car for evidence, but does not have probable cause. Mann makes a traffic stop, and after speaking with the judge Mann arrests Hammerdem for the failure to use the turn signal. Before applying handcuffs to Hammerdem and while Hammerdem is standing beside the car, Mann then searches all of Hammerdems pockets and he finds a check ledger with notations about payments for Irma. Further, in the car right nex to where Hammerdem is standing, there is a gift-wrapped package appearing to be a present on the floor of the judges car. Mann opens the present and finds $10,000 cash with a note saying, You know what to do.
Based on another anonymous tip, Mann drives by the home of the mayors associate, Richard Bum Osculator. Mann with the assistance of a geologist friend uses an infrared heat detector to try to learn if an excess amount of heat is emanating from the roof of Osculators condo. Mann believes that if Osculator is raising marijuana then the heat lamps employed in this plant growing process will cause a significantly higher amount of heat to be lost through the roof of the condo, as compared to the roof of the neighboring homes. The heat detector indeed does demonstrate that a disproportionate amount of heat is escaping from Osculators roof. Assume (for the sake for this examination) that, Mann, therefore, has probable cause that Osculator is growing marijuana. Because Mann has probable cause of a felony being committed, Mann goes to Osculators home and after knocking and announcing his presence, with no response thereto, Mann enters the home to arrest Osculator, who happens to be in the shower. Prior to the arrest the officer makes a quick sweep through the home to ensure his own safety, and on the bedroom table there is an ashtray with partially smoked marijuana cigarettes, which Mann seizes and keeps for evidence. Mann also, subsequent to the arrest, finds extensive drug sales paraphernalia in the basement closest of Osculators home.