Identify as many Searches and Seizures as you can in the below fact pattern. Then
state whether or not it was a valid Search or Seizure and WHY or WHY NOT. If any evidence is
seized state whether or not it would be admitted at trial and why or why not.
• You must identify EVERY Search and Seizure Issue in the scenario
• Determine the constitutionality of EVERY Search and Seizure Issue
• Explain why the Search and Seizure Issue is or is not constitutional
o Even if a Search and Seizure Issue is constitutional you MUST still explain why it was
constitutional in the same manner
o If exceptions to the Search Warrant requirement are used you MUST state the exception,
explain the requirements for it, and apply it properly to the search
• If evidence is seized you must state whether or not the evidence would be admitted or excluded in
court
• The more thorough your answer the more points you will receive
• Example: This is one example of how you would apply and analyze .
o Example Scenario:
o Police Officer Harvey was on patrol when he was walking his beat when he noticed two
men sitting on the front steps of a house. The two men, Smith and Jones, went inside the
house when they saw Officer Harvey coming. A few minutes later, Officer Harvey
walked by the house again and could smell a strong odor of marijuana coming from
inside the house. In the jurisdiction where Officer Harvey works, possession of an ounce
or less of marijuana is only a civil offense. Officer Harvey walked up to the front screen
door and could see the Smith and Jones smoking a marijuana joint. The men looked at
Officer Harvey and Smith took the joint and ran to the bathroom. Officer Harvey ran into
the house to stop the male from destroying the evidence . He grabbed the
joint before Smith flushed it away. Officer Harvey seized the joint and issued Smith and
Jones a citation for possession of marijuana. As Officer Harvey was leaving, he noticed a
child pornography magazine on the table in plain view. Officer Harvey seized the
magazine and arrested the men for possession of child pornography.