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Question Description

Youare a police officer on patrol. While on routine patrol around 3:30AM,you drive through an alley. From your patrol car, you can see lights onin a garage and you can hear music coming from the garage. The garage isnot attached to the home and sits at the rear of the property, near thealley.

You stop and park your vehicle in the alley. You walk up to thegarage – thinking you will just check in and "say hi" to anyone whomight be in the garage. The garage door is not open, so you open a sidedoor and walk into the garage. You do not knock before entering. Whenyou walk into the garage, you see two males standing by a large silverpot. You also see white steam is coming from the pot and you notice astrong smell like ammonia. Based on your quick scan of the men and theitems in the garage, you believe the men are manufacturing meth.

You order the men to "freeze" and get on the floor with their handsbehind their backs. As you are handcuffing the men, you call for backupand report to dispatch of a possible meth lab.

Other officersrespond, include a detective trained in investigating meth labs.Everyone leaves the garage and detectives put on special suits to enterthe garage to investigate. The detectives identify material found in thegarage as meth and of meth manufacturing in process. The detectivesalso find several handguns sitting on a table in the garage. Furtherinvestigation shows that one of the handguns might be connected to arecent drive-by shooting in the community.

The two men are charged with possession of methamphetamine and manufacturing of methamphetamine with intent to deliver.

The two men are also charged with attempted murder based on the handgun found in the garage.

Thedefense attorneys for the two men have filed motions to suppress allevidence found in the garage, including any evidence of drugs and thehandgun.

For your first post, assume the role of the judge in the case, and respond to the following questions:

  • Will you exclude any evidence of meth or manufacture of meth?
  • What is the Fourth Amendment issue in this case?
  • Are the officer's actions lawful?
  • What is the reasoning behind your decision?
  • What is the impact of your decision on evidence of meth or manufacture of meth?
  • What is the impact of your decision on the handgun believed to have been used in the drive-by shooting?

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