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Question Description

Read the fact pattern below; identify at least three search and seizure issues; correctly resolve the issues; and, lastly, cite authorities that you relied upon. Research US Case Law as well. PLEASE USE the legal brief format I provided for you in the attachments and make sure to read the lecture 4 notes in the attachments. Also, plagiarism will not be accepted. PLEASE write in your own words.

CASE BRIEF FACT PATTERN – During the early morning hours of 5 September 2015, Officer Joe Getem received a telephonic tip from a well-known informant regarding jewelry recently stolen from Sharkey’s pawn shop over on Ninth Avenue. According to the informant, who had given Officer Getem reliable information in the past, he was just in T-Bone’s apartment no more than two hours ago and saw a diamond necklace and three Rolex watches lying on the kitchen table. The informant told Officer Getem that T-Bone, a known thug to the local police, was bragging to three friends about how he managed to rob the items from the actual burglars by pretending to be a fence. The informant went on to tell Officer Getem that T-Bone was in the process of packing his suitcase when the informant left the premises. According to the informant, T-Bone’s staying at 1543 Hideout Avenue, Apt 3g. Officer Getem doesn’t feel as though he has enough time to apply for a search or arrest warrant. He and his partner, Officer Easy, decide to beat feet it over to the address before T-Bone takes off. Upon reaching the landing in the building where apartment 3G is located, the officers see T-Bone coming out of the apartment. When T-Bone sees them, he does an abrupt about-face and runs back into the apartment and slams the door. Officers Getem and Easy push the door open. The Officers have their guns drawn as they enter and immediately see two males in the living room. They catch a glimpse of T-Bone trying to lift the kitchen window that leads out to a fire escape. They holler, “Stop, or we’ll shoot!” T-Bone freezes near the window and drops his suitcase. The two males in the living room remain seated with their hands on their head. Officer Easy places handcuffs on the two males who are sitting while Officer Getem does the same thing to T-Bone. Officer Easy frisks the two males and finds handguns on both. Officer Getem doesn’t find any weapons on T-Bone after conducting a search incident to an arrest but does find a diamond necklace and one Rolex watch in the unlocked suitcase lying on the floor of the kitchen.

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