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Memorandum

In: Business and Management

Submitted By Confianza
Words 3890
Pages 16
OFFICE MEMORANDUM TO: XXXXXXXXXX FROM: XXXXXXXXXX DATE: December 3, 2005 RE: Office Memo on David Harrison’s Plain View Doctrine Case

I. FACTS On July 30, 2004, the home of David Harrison was searched by two federal officers pursuant to a valid search warrant regarding his son, Joseph Harrison. The officers explained to Mr. Harrison that they had information linking Joseph, who also lives at the residence, to a drug trafficking operation. The search warrant specified that the officers could search Mr. Harrison's entire home, including the garage and any outdoor structures on his property, for any evidence of drug paraphernalia. In addition, the officers were permitted to seize such evidence under the search warrant. Mr. Harrison allowed the officers into his home to begin their search. Mr. Harrison's wife, Janine, was also at home while the officers searched the property. Joseph Harrison was not at home during the search. Mr. Harrison and his wife followed the officers through their home while the officers conducted the search. One of the officers searched the upstairs of Mr. Harrison's home while the other officer searched in Mr. Harrison's basement. While searching in the basement, the officer noticed three cardboard boxes on the basement floor. One of the boxes was open and the officer noticed that it contained National Football League jerseys. Although the officer could see the jerseys on top, he could not initially see what was under the jerseys. The officer picked up the jerseys on the top of the box and saw that there were approximately fifty jerseys in the box. At that

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