Question

During an investigation involving drug trafficking, an officer learned through a confidential informant that drugs were being sold at 3984 Maple Street. The officer went to the residence seeking consent to search the home for drugs and drug trafficking and knocked on the door. A man later identified as Jim, came to the door and informed the officer that he was just visiting and had just arrived a
asked Apr 2, 2017 in Criminal Justice by Selena
few hours ago. He informed the officer that he didn't live at the house and that the owner had just left to pick up some groceries. When asked, Jim consented to a search of the house which was then conducted. Cocaine, LSD, marijuana, and unknown pills were seized.
What statement below regarding this search is true?
A) The search of the house was legal because the visitor was in legal possession of the home at the time consent was given.
B) The search of the house was legal because the officers made a good faith error in accepting the consent given by a visitor.
C) The search of the house was illegal but because the officers had probable cause to search the home and a warrant could have been obtained, inevitable discovery will allow the drugs to be admissible.
D) The search is illegal and the evidence is inadmissible.

Answer 1

Answer:

C) The search of the house was illegal but because the officers had probable cause to search the home and a warrant could have been obtained, inevitable discovery will allow the drugs to be admissible

Explanation:

During an investigation involving drug trafficking, an officer learned through a confidential informant that drugs were being sold at 3984 Maple Street. The officer went to the residence seeking consent to search the home for drugs and drug trafficking and knocked on the door. A man later identified as Jim, came to the door and informed the officer that he was just visiting and had just arrived a asked  in Criminal Justice by Selena  few hours ago. He informed the officer that he didn't live at the house and that the owner had just left to pick up some groceries. When asked, Jim consented to a search of the house which was then conducted. Cocaine, LSD, marijuana, and unknown pills were seized.

What statement below regarding this search is true?The search of the house was illegal but because the officers had probable cause to search the home and a warrant could have been obtained, inevitable discovery will allow the drugs to be admissible.

Answer 2

Answer:

C) The search of the house was illegal but because the officers had probable cause to search the home and a warrant could have been obtained, inevitable discovery will allow the drugs to be admissible.

Explanation:

Because the officer searched the house without a warrant and the presence of the suspect the search of the house is deemed illegal. However, an inevitable discovery is the law that states evidence that was found using illegal means could still be admissible in court if the evidence would have been found eventually anyway using legal means. This means that should the search was legal the drugs would still have been found by the officer anyway which makes the evidence admissible in court.