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In: Social Issues

Submitted By ronicab
Words 528
Pages 3

University Of Phoenix
This case presents evidence obtained by Officer Sedwick and Officer Melbourne. In late August of 2005, Officer’s Sedwick and Melbourne were conducting an investigation on Ecstasy distribution in an area in close proximity of a local university. Both officers’ have received a description of possible Ecstasy distributors by a liable source. While patrolling the streets of north Phoenix, 2 college-aged males were spotted, who fit the description of the suspected Ecstasy dealers. The officers seen these 2 males entering a pizza restaurant and decided to go in and observe these men and their actions. They were both seen talking to an older man behind the counter. The officer’s observed an exchange of unknown items between the older man and the 2 males. After the exchange, both males immediately exited the restaurant and returned to a vehicle and begin driving. The officer’s followed the 2 men to a motel. The 2 men proceeded to knock on the door of room 126. After entering the motel room and closing the door behind them, both officers’s decided to knock on the door as well. A woman who was the renter of the room proceeded to answer the door, as well as giving both officers entry into the motel room.
The officer’s heard a toilet flush and immediately seen the 2 men leave the bathroom, both having a look of nervousness upon their faces. The officers proceeded to the bathroom, where several pills were seen in plain view, around the toilet on the floor. Both men were arrested.
According to the plain view doctrine, the officers had consent to enter the premises, and observed in plain view, several pills that were projected to be the illegal pill called ecstasy. Later on, 4 baggies of Ecstasy pills were retrieved from the bathroom plumbing. Depending on whether the officer’s obtained a search warrant to retrieve the baggies from the plumbing would determine if they could use them as evidence in court. If the officer’s did not receive a warrant, there still may be a chance of the items being admissible in court being that there was probable cause since evidence of ecstasy was in plain view of the officers’ around the floor of the toilet. The pills obtained in plain view are admissible in court under the plain view doctrine and does not require a warrant seeing that consent was given and that justifies the officer’s legally being in that motel room. If the officer’s did not receive a warrant, there still may be a chance of the items being admissible in court being that there was probable cause since evidence of ecstasy was in plain view of the officers’ around the floor of the toilet.
Now on the other hand, if the woman who rented this motel room did not give consent to the officer’s to enter the motel room and they did on their own pretences and obtained the pills on the floor, as well as the baggies found in the plumbing, then none of these items would be admissible in court due to the requirements of the plain view doctrine and the Fourth Amendment.

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