1. A police officer stopped Ira's car for speeding. After issuing a ticket, the officer asked Ira:...
Question:
1. A police officer stopped Ira's car for speeding. After issuing a ticket, the officer asked Ira: "You don't have any drugs in your car, right? Can I search the car?" Ira replied: "Go ahead! There are no drugs in my car." The officer searched the car and found several stolen credit cards. Ira is charged with credit card fraud. Ira request suppression of evidence. He argues that the search of his car was illegal for the police did not have probable cause and a warrant to search the car. Was the search illegal?
2. Alternatively, Ira argues that even though he gave consent to search the car his consent was not valid for the officer did not first inform him that he had the right to refuse to give consent. Was the consent given by Ira valid?
3. The police suspected that Dylan was involved in a burglary but they had no probable cause to arrest him or search his apartment. Dylan and Will shared an apartment. The police went to the apartment to ask for consent to search the apartment. Dylan was out shopping. Will answered the door and gave consent to the police to search the apartment. The police searched the apartment. In the living room they found rare coins taken from the burglarized house. Dylan at this time returned home. He angrily protested the police presence and demanded that police leave the apartment immediately. The police left the apartment with the stolen coins. Dylan is charged with burglary. He requests exclusion of stolen coins from evidence. He argues that the search of his apartment without a warrant and without his consent was illegal. Was the search illegal?
4. Ilya and Eric shared an apartment. There was only one bedroom and they also shared the bedroom. In the bedroom, each of them had his own bed and desk. The two used the kitchen, the bathroom, the living room together. The police came to the apartment to ask for consent to search the apartment. Ilya was not home. Eric gave consent to the police search the apartment. The police searched the kitchen, the bathroom and living room. They found nothing. They came to the bedroom. They wanted to search Ilya's desk. Eric said to the police: "Go ahead to search it. I don't think it matters." The police opened the desk drawer. In it the police found drugs and an illegal gun. Ilya challenges the police search of his desk. He argues that the consent given by Eric was invalid. Was the police search of the apartment legal? Was the police search of Ilya's desk legal?
5. Harry and Louis lived together in a house. One day, the police came to the house to ask for consent to search the house. Harry and Louis were both at the door. Louis agreed to give consent to the police to search the house; whereas Harry objected. He would not give consent to the police to enter the house. The police entered the house based on Louis' consent. In a search the ensued, the police found drugs that belonged to Harry. Harry challenges the police search. He argued that the police search of the house was illegal. Was the police search of the house illegal?