The following questions present various hypothetical scenarios which involve the 4th, 5th, 6th and 14th amendments and our textbook readings of various judicial interpretations of those Amendments. The question is worth 20 points. For maximum consideration, you will need to fully explain your answers by applying the facts in the question to the applicable law.
Police officers received an anonymous tip that a building at 401 S. Main was being operated as a “crack house.” Based on that tip, two vice squad officers were assigned to place the above building under surveillance.
The officers viewed the premises from their nearby automobile and observed a fair amount of traffic going in and out of the building over a three day period. One evening, Jim Smith left the above described premises and walked toward the officer’s unmarked car. As he approached the car, and seemed to recognize the officers (who were in street clothing), Smith turned, walked in the opposite direction and entered an alley. The officers decided to pursue Smith and stopped him in the alley. Smith was told to lean over the hood of the car with his arms extended, and head kept down. One officer patted down Smith and felt a “suspicious bulge” in his jacket pocket. The officer quickly reached into the pocket and removed a package which contained a couple of ounces of a white substance which on later analysis turned out to be cocaine.
In connection with Smith being charged with the unlawful possession of Cocaine, a controlled substance, his attorney seeks to suppress the cocaine. What legal issues are involved in this endeavor and, what result would you reach? (20 points).
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