Linda Rhodes and her boyfriend, Joe Marshall, were arrested as a
result of a drug raid. Linda was making dinner for her children, who
were with her in the kitchen, and Joe, who was in the living room, when
the police, led by Sgt. Rick Rodgers, broke down her door. Linda owns
the house. Joe has no ownership interest in the house but has been
living there for the last year. The police found several ounces of
cocaine, packaging material, scales, and a large amount of currency in
small denominations in Linda and Joe’s bedroom. The cocaine was found in
a dresser drawer, but the rest of the items were on the bed in plain
view. Both Linda and Joe were charged with possession of cocaine with
the intent to distribute it.
Joe Marshall has been arrested twice
before for drug offenses. The first arrest was three years ago when he
was charged with intent to sell, to which he pled guilty to possession
and received five years’ probation. The second arrest was six months
ago; however, the case was dropped for lack of evidence when the police
evidence room lost the drugs.
Joe was also arrested three times
for domestic violence: five years ago and three years ago against his
former wife, and three months ago for beating Linda. All the cases were
dropped when the victims refused to testify.
Linda has been
arrested twice, eight and five years ago, for possession of marijuana.
The first case was dropped when she identified her dealer. She pled
guilty to the second charge and received one year of probation.
Linda
works for a maid service, cleaning private homes. Joe has no known
employment and claims to be a musician. Linda’s income from the maid
service is the only known source of income for the household.
On
the day in question, the police broke down the door without knocking or
announcement. There was no other damage to the house, but the house was
turned “upside down.” The police properly collected and tagged all of
the evidence and immediately transferred it to the police evidence room.
Both Joe and Linda claim to have no knowledge of the cocaine.
The
police questioned Linda’s daughters, Sally (age 3) and Sara (age 9).
Sally was crying and had no coherent statement about the incident. Sara
told the police that she saw Joe with the “white powder” and that he
said it was for a bubble bath and a surprise for mommy and that Sara
should “keep it secret.”
An informant told Sgt. Rodgers about the
cocaine. The informant’s name was not revealed, but he has provided
reliable information in the past. The police were watching the house
while waiting for a warrant. They claim they heard screams and decided
to enter the house due to the knowledge that young children were in the
house. The warrant was delivered one hour later.
Research Fourth Amendment cases involving searches, warrants, and exigent circumstances.
In your paper,
Define probable cause and its relationship to determining the legality of a search.
Explain the purpose and application of the exclusionary rule.
Identify whether Joe had legal standing to object to the search.
Describe whether the cash, packaging material, and scales admissible at trial if the police rely on exigent circumstances.
Explain whether the evidence of the cocaine is admissible at trial.
Identify whether the police had the right to go into the bedroom when relying on exigent circumstances.
