I’m studying for my Law class and don’t understand how to answer this. Can you help me study?
Write a 2-3 page paper analyzing the fact pattern scenario below. Please use your own state law. Your analysis should include application of the topics covered during the past 7 weeks. For example, search and seizure, search warrant, execution of warrant, exclusionary rule, Miranda rights, and the right against self incrimination. You can use your or TX state, whichever you prefer.
Make sure all citations are in APA or Blue book format.
Please see the attached grading rubric below. This grading rubric will be used to grade this assignment.
Leila is a police officer. She is out of uniform and knocked on Dan’s front door of his house and asked is should could enter to enforce a warrant she had. The warrant was a search warrant issued by a magistrate at the Lawrence District Court. His name is Mark McCale, a retired police officer for the state police department in Lawrence. The warrant indicated that “the first floor of Dan’s house will be searched for a gun used in connection with a robbery and some jewelry, which was stolen.” While looking in Dan’s house, Officer Leila smelled what she thought to be gun powder emanating from the second floor. Officer Leila immediately walked upstairs and found a gun at the tops of the stairs. She went to confiscate the gun and while doing so noticed a note attached to the gun with an address on it. Later that afternoon police officers went to the address of the house listed on the note of the gun. A bunch of jewelry was found at this address and collected by the police officers. The address was a known address for stolen jewelry to be pawned. While at Dan’s house, Dan told Officer Leila that, “I do not know what you are here for, because I did not rob the Terri Grubb’s jewelry store.” Officer Leila asked Dan to go to the police station and Dan agreed. As they walked into the police station, Magistrate McCale yelled, “is that the person who robbed Terri Grubb’s jewelry store?!” Dan replied, “I told Officer Leila already, I did not rob the Terri Grubb’s jewelry store.”
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