Legal Analysis Memorandum Assignment Example | Topics and Well Written Essays - 750 words

Legal Analysis Memorandum - Assignment Example As well they observed the defendant handing a bag of white powder to someone standing beside the couch. After identifying themselves, and being granted entrance into the house, the police officers explained to all present what they had observed. At that point they saw sandwiched between cushions on the couch, what appeared to be a firearm. Upon inspection they discovered a total of four firearms, none of which were registered as required by DC law. Thereafter the police then conducted a pat-down search of Mr. Blake and everyone else in the room. The officers found that Mr. Blake had on his person a large amount of suspected marijuana, suspected cocaine, and money ($400). Another occupant of the room had a baggie of suspected cocaine (white powder). Mr. Blake was then charged with possession of a controlled substance, distribution of a controlled substance, and possession of an unregistered firearm. ... II. Rule: The â€Å"reasonable expectation of privacy† is determined by the findings in Minnesota v. Carter. As well determined by the Minnesota Court is the issue of whether Blake enjoyed the right to a Commercial Business based expectation of privacy since he and the owner of the house in question conducted business out of the basement of this house. The â€Å"lawfulness of the search† in this matter is settled by the case law in Rawlings v. Kentucky, where the Court specifically held that the search that was incident to the observation of drug parts and subsequent obtaining of a warrant was lawful although the evidence was found inside a purse which the defendant had put the drugs in just before the police arrived. Due to the temporality of the placement and proximity of the evidence to the Defendant, the defendant was not allowed to prevail on his argument of an unlawful search. The issue of whether the evidence was in â€Å"plain view† to the officers is add ressed by the Court in Horton v. California, which found this term to be defined broadly enough to cover the Blake scenario. The issue of a lawful search in a more intrusive scenario was determined to be unlawful because of the close proximity and no probable cause basis in the case of Florida v. Jardines. Finally, the issue of unlawful entry and subsequent violations thereto was addressed in Mapp v. Ohio, wherein the Court imposed the standard granted in the Fourth Amendment’s right to privacy on the States and their agents, in not allowing evidence that was seized without a warrant and against the will of the occupant of the house where there was no probable cause and a