Question

Sophie, a police officer, out of uniform, showed up at Mariah’s house, knocked, and asked if she could enter to enact a warrant. The warrant was a properly issued search warrant, issued by a Magistrate Judge.

Mariah read the warrant, which stated, “The first-floor of Mariah’s house will be searched for a gun used in connection with a robbery, as well as two paintings which were stolen.”

While looking in Mariah’s house on the first floor, Sophie smelled what she thought to be gun powder emanating from the second floor, and she quickly, without looking for anything else, walked up the stairway to the second floor, and found a gun on a table at the top of the steps, which she confiscated.

The gun had a note attached to it, which listed an address. Later that day police arrived with a proper warrant at the address listed on the note, and it turned out that the two stolen paintings were found there, and confiscated.

Mariah was arrested for her involvement in the stolen paintings and possession of an illegal handgun. Mariah’s attorney makes a motion to suppress the handgun, the note attached to it, and the stolen paintings found at the address that was indicated on the note.

Using proper legal terminology, please discuss whether these items should be excluded from trial and describe why or why not. Cite any case(s) that may support your position(s).

Answer 1

Yes, according to exclusionary rule, these items should be excluded from trial. For instance, the exclusionary principle is a legitimate rule which holds that evidence collected or dissected disregarding the respondent's protected rights is here and there forbidden for a criminal arraignment in a court of law .
On the other hand, as per this rule, a defendant (Mariah) who has been subject to an illegal search or forced admission has the right to have this proof rejected from trial. Along with this, A respondent (Mariah) must have remaining to state their rights under the exclusionary rule, and must demonstrate that their rights were disregarded, that they had a possessory enthusiasm toward the premises, and that there was governmental conduct.

You can expand wherever you feel like