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People v. Bruno Issue: whether the Government will be able rightfully permitted to introduce evidence against Bruno
What is the Rule? 4th Amendment Search and Seizure
Why the need for a Warrant Court doesn’t want “only in the discretion of the police.” Not incident to arrest Not hot pursuit Not pursuant to the suspect’s consent.
What was Searched? - Car Person Home
What was Seized from the car? Chloroform Duct Tape Wig Sun Glasses Map, with Writing Name of School Rental Receipt Audio recording Clothes Line Chain Ladder
What was Seized from the Home? Headlines cut out of magazines Movies about kidnapping Turner wearing a blond wig and glasses Writing – 1 million to much? Time to get a million, Space, and extradition treaties with US.
Did the Police NEED a warrant? “had an abundance of information and time to swear out a valid [search] warrant, he failed to do so.” – search and seizure unlawful
Is the car enclosed • Is there an expectation of privacy? Question 1 Why do you think the police can or cannot use the bidrectional microphone to listen in on the conversation between Bruno and his girlfriend? Do they have good grounds to listen in on the conversation?, Why or why not?
Do we know what she was talking about? • What could she have been talking about? Question 2 When Mary said “I told you it would never work out” was that an admission of her guilt in the alleged crime, if not, why not?
Liquor store • Substance no longer available to the general public (2007) • Carroll v. US – under legal arrest what is found on you or in your control that is unlawful and can be used to prove offense may be seized and held. Question 3 Does Bruno have any defenses for being arrested for having a controlled substance (chlorofom), if so what are they?
Arrested not convicted Question 4 Is there any relevance to Bruno being arrested previously for fraud charges?
Did they do anything besides follow? • What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment Protection Question 5 Can Officers Alvarez and Thomas follow Bruno from the time he left his job at a drug store near where the Boston’s lived, or does that violate any of Bruno’s rights?
“expose one’s self in public or commit lewd conduct in public” Question 6 Did Tommy and Mary expose themselves in violation of the municipal ordinance on lewd conduct? Why or Why Not? Constitutional?
What was the probable cause? • Why did the police approach the couple? Question 7 Do the officers have the right to search for anything in the auto? Once they find the black zippered bag can they open it? Why or Why Not?
Chambers - Auto Question 8 Can the police open the truck of the auto and make a search of it at the police station? Why or Why not?
Whose home was it? • Did the Police have permission to enter? To Search? • Is it reasonable for Turner to have a sense of privacy in the room? Question 9 Can the police search Turner’s room where she is a live-in baby sitter, without her consent, or do they need a search warrant first? Why or Why not?
Recorded conversation • Zippered Bag • Chloroform • Duct Tape • Wig • Sunglasses • Map of home with – K’s room, T’s room, & B’s room • Name of school & release time • Rental receipt of cabin • Movies & Headlines • Picture of T wearing a wig and glasses • Notebook with writing • Statement of cabin owner. Question 10 What of all the pieces of the evidence is the most damaging piece of evidence against Bruno, and his girlfriend? Why?
What do you conclude? Did the police need a Search Warrant? At what point should a Warrant Search have been issued?