402 Part 2 Criminal Procedure Problems & Critical Thinking Exercises 1. Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit :' burglary, Tommy was observed standing in an alley behind the shop by a police officer. lt was 11:50 am. on a ' evening, and Tommy was wearing a pair ofjeans, tennis shoes, and a shirt. 3: After 5 minutes, the officer approached Tommy and asked him "what he was doing in the alley at such a la?" hour." Tommy responded that he lived only a few blocks away, was suffering from insomnia, and had decided :3 take a walk. He produced identification that confirmed that he lived a short distance from the store. The offij then grabbed Tommy, swung him around, pushed him against the wall of the store, and "frisked him." After_'," feeling a hard object in Tommy's back pocket, the officer reached in and discovered a small 3 x 3-inch contain full of locksmith tools. He then arrested Tommy for possession of burglary tools and conducted a search meld. . to arrest. During that search, he discovered a diagram of the audio/video store hidden in Tommy's pants. Tommy was subsequently charged with attempted burglary and possession of burglary tools. He has filed? motion to suppress the tools and diagram, as well as a motion to dismiss, Should the motions be granted? nicrl rec n