If you were the defense attorney, what constitutional amendment(s) would you argue were violated by the police
Question:
The Cell Phone Case
The police department received a phone call from "Jane", a caller claiming to be an employee of a local department store. She reported that a large drug deal was about to occur in a nearby park. Jane stated that one of the participants would be "a white male about six feet-tall, wearing a white football jersey, black sneakers and a black backpack." Jane hung up the phone. The caller ID confirmed that the call came from the department store.
Officers Smith and Taylor followed up on the tip. When they arrived at the park, they saw a male meeting Jane's description. The suspect, Michael Carter, was standing on the blacktop path near a park bench. When Carter saw Officer Smith, he turned around and started to run. The backpack fell off his shoulder. Officer Taylor was coming from the opposite direction, and Carter ran into Taylor. Officer Taylor grabbed Carter by the arm and told the suspect to "hold up". Officer Smith, now about 10 feet away from Taylor and Carter, quickly looked into the backpack that had fallen to the ground. He found no drugs, but found a conventional cell phone. After reading an incriminating text message on the cell phone that implicated Carter on one drug deal, Taylor and Smith arrested the suspect on drug dealing charges.
Officer Smith read Carter his Miranda rights. In the car ride to the police station, Officer Smith asked the suspect for the cell phone voicemail password. Jones said, "I think I might want to talk to an attorney." Smith said, "We are going to access your voicemail with or without your help. If you make us wait, then you will pay the consequences." After a hot 45-minute car ride to the police station, Carter relented and gave Officer Smith the voicemail password. Smith listened to the voicemail messages.
Based solely on the voicemail message evidence, Carter was arrested for accessory to drug distribution. He is waiting for a bail hearing.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts