search warrants?

Question

Officer brooks has a hunch that Sam Speed is dealing drugs out of his house; therefore, Officer Brooks decided to follow Speed around to see if he can prove it. Brooks observes that over a dozen people enter Speed’s house throughout the course of the day. Each person stays in Speed’s house for approximately 5-10 minutes before leaving, Brooks observes that one person, John Jones, exits Speed’s house with a brown paper bag in his hand. Brooks approaches Jones and asks him if he can see what is in the paper bag. Jones says “No” and keeps walking. Several blocks later, Jones throws the brown bag into the trash can and runs away. Brooks’s retrieves the bag from the trash can and finds, what appears to be, a rock of cocaine in the bag.

1.What information must Officer Brook’s provide to the court to show that he has probable cause to search Speed’s house?
2.Will Officer Brooks be able to use the crack cocaine Jones abandoned in the trash can as evidence to support his request for a search warrant? Why or why not?
3.Is a court likely to grant Officer Brooks’ request for a search warrant? Why or why not?

Just 4 everyone 2 know [[Rºññèè especailly]] this is my 1st quarter as a CJ student and being my 1st HW assignment i'm asking because im still learning...so if u have an answer then answer the question other wise DONT ANSWER!!!

Answer 1

No, he wont get the warrant. At that point its still hearsay.....he needs jones, to go back in there w/ him and buy somemore, to get the warrant.......
and next time...do your own research,
this is pretty simple........

Answer 2

1. The information provided on the request for a search warrant must lead an reasonable person of ordinary intelligence to believe there is drug activity going on in the house.
2. The drugs were thrown into a public trash can, and considered abandoned. This will be allowed.
3. All the officer has at first is something that started as a hunch. No good. Next he has several persons leaving after a short time. This creates reasonable suspicion, but not probable cause. Finding the drugs in the discarded bag would be probable cause only if he can tie the bag to the house. Did the suspect have the bag prior to entering the house? I think that was omitted on purpose to cause you to think. If the officer can testify the drugs came from the house, he gets the search warrant. If not, no warrant.

Answer 3

1. The probable cause is the brown bag he retrieve in the trash can that the guy name Jones throw away. Officer Brooks needs forensic evidence too that what he got from the trash can is a rock of cocaine to prove to the court that he got probable cause otherwise, the judge would throw the case outside the window.

2. Definitely he could use the rock of cocaine found in the
bag to search the house of Mr. Jones.

3. The court might grant the request of officer Brooks to issue search warrant.

Answer 4

Yes, the court will likely grant the search warrant. There is clear probable cause that there is criminal activity taking place inside the house.

The Cocaine in the bag is admissible; Jones abandoned the property and the police need meet no burden of proof to examine abandoned property. (Jones could also be arrested at a later time for possession of the cocaine.)

In addition to the drugs in the bag, Jones's unprovoked flight, and the traffic into and out of the house are all pieces of supporting information that can be used in obtaining the warrant.

Answer 5

He is going to write in his affidavit that he had the residence of Speed under surveillance and that there were numerous "visitors" to the residence that only stayed a short time and that through his / her training and experience that indicated the possibility of narcotics transactions.

The officer is ABSOLUTELY going to use the cocaine that he found in the bag that Jones discarded in his affidavit. He is going to write in his warrant application that he followed Jones fron Speed's house and never lost sight of him. This is going to erase the defense's argument that someone else discarded the bag with the cocaine in it.

This case is a slam dunk that the judge would sign the search warrant. There is nothing in your facts that would even bring up an argument against signing it.

Answer 6

if you are "officer brooks" then shouldnt you know the laws already and what the limits on search warrants are? my god whats with all these wanna B cops and p.o.'s not knowing the laws, are there really abunch of city officials out there that carry guns "and point them" at the ppl in our cities and they couldnt even tell you what the real laws are? thats very scary for me.

Answer 7

Monique needs to do her own homework.