In his report, Detective Tyran wrote the following:I opened the closet door and checked the immediate visible?

Question

In his report, Detective Tyran wrote the following:

I opened the closet door and checked the immediate visible area. I then checked behind the open door and noticed on the floor two cases of ammunition and one green metal army ammo case. I scanned back across the closet and noticed in the back left corner a black duffle bag that was standing upright and partially open.

When I focused my vision on the opening of the bag, I observed what appeared to be the front sights of rifles. These sights were not the standard beaded post sights, but sights that were common on known assault rifles. From where I was standing I could not tell if they were real or if they were toys. I moved into the closet and got a closer look into the bag through the opening. At this time, I observed metal barrels, wooden stocks and "banana" style magazines. I felt confident that the weapons were real. I left the items as I found them and went to secure the bathroom.

It appeared that after I had opened the closet door, Katie left the room as if we were going to find something or someone.

Upon finding these items, Detective Ronran informed all present of the items and announced that he needed to call a supervisor because of the seriousness of the situation.

Captain Merriman arrived and decided that the weapons be removed from the residence. Also, the officers determined that Taylor had been previously convicted of a misdemeanor involving domestic violence and was in illegal possession of the firearms as a prohibited person under Title 18, United States Code, Section 922(g)(9).

Prior to trial, the defense counsel for Taylor moved to suppress the firearms and ammunition that were seized from his apartment. Discuss the legal principles that would apply to this motion to suppress and how the court should rule.

Answer 1

Unlawful Search and Seizure could potentially apply here. Did this detective have a warrant? Did it include the closet? Did the detective have permission from the home owner to search the premises? If NOT then the seach was likely unlawful. Officers are only allowed to seize things in plain sight without a search warrant that has been presented. The ammo and firearms were not in plain sight. There were behind a closed closet door which the detective had to open to find. This would mean the evidence seized would be likely be inadmissable and the motion to suppress would likely be granted.

Answer 2

You're asking us to do your "Evidence" homework for you. I suggest you read 18 USC 922(g). I don't have it in front of me, but I'm pretty certain that they can't remove the firearms under this code, because it is a misdemeanor and not a felony (among other things). Katie leaving the room "as if", etc. is a problem with Hearsay. In order to determine whether it should be excluded you must determine whether it is relevant to the issue at hand. If it isn't relevant, it MUST be excluded.