Question: Chapter 4- Does the Exclusionary Rule Apply? Why? Officer Busker was sent by a radio dispatcher to 44 Magnolia Avenue, Apartment B based on an
Chapter 4- Does the Exclusionary Rule Apply? Why? Officer Busker was sent by a radio dispatcher to 44 Magnolia Avenue, Apartment B based on an urgent 911 call from that location that someone had just been shot. Officer Busker went to Apartment B at that address and heard someone moaning and groaning inside the apartment. Officer Busker identified himself, demanded to be admitted, was admitted and saw illegal drugs all over the place. Officer Busker seized the drugs. It is later discovered that Officer Busker went to the wrong apartment. It turns out that the 911 call came from Apartment D in the same building but the 911 dispatcher misheard the caller and sent the police to Apartment B by mistake. You are the Judge at trial. Will you admit or exclude the drugs seized? What would be your reasons? Explain your
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