From: Junior Associate
Re: DC v Blake
INTRODUCTION OF THE ISSUES: Police officers were called to Mr. Smith’s residency regarding a noise violation on February 4th, 2007. Officers observed the occupants, including Mr. Jonathon Blake, through the large front window of the dwelling engaged in activity that appeared to the officers as smoking marijuana. They also witnessed Mr. Blake hand over a small plastic baggie filled with suspected cocaine to another occupant. The officers were granted access to the home by Mr. Smith and noticed what appeared to be a shotgun between the couch cushions. Further inspection of the residence revealed three additional guns. Mr. Blake had a large amount of suspected marijuana and cocaine and $400 on his person. Mr. Blake is being charged with Possession of a Controlled Substance, Distribution of a Controlled Substance, and Possession of an Unregistered Firearm. It is in my professional opinion that the seized drugs are admissible to the court as evidence but the guns however, are not.
RULE OF LAW: As you know, the United States Constitution and its Amendments were …show more content…
Carter. Carter and Johns, the defendants in this case, were convicted at the state level of conspiracy to commit a controlled substance crime in the first degree. The defendants were temporary guests in Thompsons home. An officer witnessed the three individuals through a gap in a drawn window blind engaged in illegal activity which appeared to be the bagging of cocaine. The defendants appealed their case, stating that their Fourth Amendment right was violated due to an illegal search and seizure. Ultimately, the Supreme Court upheld the original decision based on the grounds that the defendants Fourth Amendment rights only pertained to them in their own dwelling or as an extended guest in another’s dwelling, not merely because they were temporarily