"For this assignment, you will write a paper analyzing the fact pattern presented below. Please use federal law or your own state law. Your analysis should include the application of the topics covered during the past seven weeks of this course. For example, search and seizure, search warrants, execution of warrants, exceptions to the warrant requirement, exclusionary rule, Miranda rights, and the right against self-incrimination. Do NOT restate the facts in your paper, but rather identify the issues, analyze, and provide your legal reasoning. "
2 Pages not including title and reference pages. APA Format
Michael is a veteran police officer for the New York City Police Department. He is dispatched to investigate a robbery and possible homicide at 123 Apple Lane at Michelle Hansberry’s house. He knocks on the door in uniform, announces his identity, and flashes a search warrant to Michelle. She does not ask to see or read the search warrant and lets Officer Michael in the house.
The warrant was issued by Judge Judy at the local district court. It is a search warrant that indicated the kitchen, family room, powder bathroom, and common areas of the home could be searched for a gun used in connection with a murder in Times Square and for a diamond necklace missing from Tiffany’s jewelry store on Fifth Avenue.
While searching the premises indicated on the search warrant, Officer Michael detects a smell coming from the master bedroom, which is located on the first floor of the home. He steps by the entrance of the bedroom and determines, based on his professional experience, that it is the smell of gunpowder. Due to this emanating smell, Officer Michael immediately goes into the bedroom and discovers a gun sitting on the dresser. Officer Michael grabbed the gun, placed it into an evidence bag, and labeled it.
He then proceeds to open the dresser drawer and discovers the diamond necklace that was missing from Tiffany’s jewelry store. When Officer Michael questioned Michelle, she responded, “I did not kill anyone. My sister stole the necklace. I only agreed to hide the necklace for her.” Officer Michael asked Michelle to go to the police station to answer some questions, and she agreed. Upon arrival at the station and being booked in, Michelle told Officer Michael’s partner, Scott, “My sister made me do it; I had no choice.”