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Tuesday, July 14, 2009

Answer to search and seizure question....

The search and seizure question was a somewhat complex one however our answer is the following. The initial stop is fine because RAS exists to stop the vehicle due to the recent burglaries in the area and the description put out over the air of the suspicious vehicle. However when the back up officer entered the vehicle to determine the serial number of the vehicle this was an unlawful seizure. Therefore the subsequent arrest of the suspects and the seizure of the marijuana is fruit of the poisonous tree and supressable. Further the search warrants obtained, despite the fact that the officer is acting on good faith, can also be suppressed because again they were the ultimate result of an unlawful search of the vehicle and therefore the drugs and bodies discovered are also supressable. All due to an unlawful search and seizure of the vehicle and resulting television serial number.

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