The writing assignment asks you to analyze a scenario and decide whether law enforcement officers follow Fourth Amendment procedural rules in gathering evidence. First, read the scenario below.
Your neighbor Dan has recently been arrested and charged with manufacture and possession of methamphetamine in violation of your state’s law. The charges are based on evidence that police officers found in Dan’s garbage can, including glass bottles and jars, metal cans, plastic tubing, empty Pseudoephedrine cardboard boxes, and household use batteries with residue matching the chemical compounds of methamphetamine. Dan placed the garbage can at the curb for weekly garbage pickup. A police officer riding with the garbage truck driver picked up Dan’s garbage – Dan’s garbage was kept separated from all other garbage.
Based on the items found in Dan’s garbage can, police officers prepared and obtained a search warrant to search Dan’s house where they found additional evidence of illegal narcotics.
Dan’s attorney plans on filing a motion in court, asking the court to suppress/exclude the evidence found in Dan’s garbage can on the basis that the police officers violated Dan’s Fourth Amendment rights when they took his garbage.
For your written assignment this week, you are to write a paper identifying the legal issues and discussing Dan’s procedural rights in the case. Be sure to support your discussion and analysis with research:
Please be sure to prepare your assignment following APA citation and format requirements. You must include proper citations to any source you relied on for information that you include in your paper.
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