New Jersey State Police intercept a truck load of marijuana during a truck enforcement detail. The truck operator, Bill Smith is
arrested. The ensuing investigation reveals that the shipment originated form a legal marijuana dispensary in Denver, Colorado, owned by Mick Stoner. As a result of a joint investigation involving the New Jersey State Police and the DEA, Mick Stoner was arrested at his Denver dispensary by DEA agents and charged with the manufacture and distribution of a controlled or dangerous substance. At trial, Mick Stoner's defense attorney challenges the _____ of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment.
The Fourth Amendment to the United States Constitution provides legal protection against search and seizure without good reason and without a search and seizure warrant. As we can see from the question above, Mick Stoner was charged with marijuana, which was taken from a legal dispensary in Denver, seized without a search warrant, so Mick Stoner's defense attorney disputes the evidential value of the evidence, claiming that the truck's initial search violated the Fourth Amendment.
To dispute the probative value of the evidence means that the evidence gathered, in this case, is not guaranteed, by itself, to support a condemnatory sentence, thus requiring the repetition in court of some of the evidence produced.
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