25 Mar What are the Legal Issues in Minnesota
For your written assignment this week, you are to write a paper identifying the legal issues and discussing Dan’s procedural rights in the case. Be sure to support your discussion and analysis with research:
Explain whether the wording of “persons, house, papers and effects” in the Fourth Amendment applies to Dan’s garbage.
Has there been a search or seizure within the meaning of the Fourth Amendment in this case?In other words, was there a search or seizure of Dan’s garbage that triggers Fourth Amendment issues?
Does Dan have a “reasonable expectation of privacy” in his garbage can sitting at the curb? Why or why not?
Discuss whether you feel that the judge properly issued the search warrant for Dan’s house.
In other words, what is the standard of proof for police officers to obtain a warrant? Be sure to define probable cause.
Will Dan’s attorney be successful in his motion to have the evidence excluded? Why or why not?
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