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Criminal Evidence

Description

Written Assignment Part 1¥spond to each scenario’s questions. Each response should be at least 150 words and be based upon the readings and other sources.  You must include at least one outside source other than the textbook in each response. Cite your sources in APA format.

Scenario 1:

You receive an anonymous tip that there is marijuana growing in the backyard of a certain address. You go to the location to investigate and discover a six-foot wooden fence surrounding the curtilage of the house. Is it a search if you look through a knothole in the fence? If you get a ladder and look over the fence? If you get a 6Tofficer to peer over the fence? If you open the gate door a crack and just look into the yard?

Scenario 2

      Officers suspect that an 18-year-old male is responsible for thousands of dollars of personal property damage through the creation of gang-related graffiti all over town. Officers go to his house and, after talking with his mother, determine that the suspect is not home, that he does not have a lock on his bedroom door, and that his mother goes into his room twice a week, once to collect his laundry and again to put it away. The mother consents to a search of her sonàroom for spray paint cans. Is the consent valid?

Part II:  List the five factors set forth in the Biggers case to determine whether a suggestive pretrial identification procedure creates such a likelihood of misidentification as to violate due process.

Part III:  Write an Affidavit

      You have received confidential, reliable information from an informant you have successfully used six times in the past. The past information has led to fifteen arrests and the seizure of two guns and several pounds of cocaine. The current information is that a large shipment of marijuana will be arriving at 789 Southwestern Avenue at 4 oìock this afternoon in a white Cadillac. You have staked out the location, have run a check of the license plates of all vehicles seen at the location, and have ascertained the names of the owner and occupants. Write an affidavit requesting search and arrest warrants. Be sure to include all contraband, evidence, fruits, and instrumentalities that you expect to find and locations you wish to search. 

Explanation & Answer:

150 words

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