Case Study 2…Criminal Procedure

Case Study 2: Plain View, Open Fields, Abandonment, and Border
Searches as They Relate to Search and SeizuresOfficer Jones asked the neighborhood’s regular trash
collector to put the content of the defendant’s garbage that was left on the
curb in plastic bags and to turn over the bags to him at the end of the day.
The trash collector did as the officer asked in order to not mix the garbage
once he collected the defendant’s garbage. The officer searched through the
garbage and found items indicative of narcotics use. The officer then recited
the information that was obtained from the trash in an affidavit in support of
a warrant to search the defendant’s home. The officer encountered the defendant
at the house later that day upon execution of the warrant. The officer found
quantities of cocaine and marijuana during the search and arrested the
defendant on felony narcotics charges.
Write a one to two (1-2) page paper in which you:

Identify the constitutional amendment
that would govern Officer Jones’ actions.
Analyze the validity and
constitutionality of officer’s Jones’ actions.
Discuss if Officer Jones’ actions were
justified under the doctrines of plain view, abandonment, open fields, or
border searches.
Use at least two (2) quality
references. Note: Wikipedia and other Websites do not
qualify as academic resources.
The specific course learning outcomes associated with this
assignment are:

Research and analyze procedures
governing the process of arrest through trial.
Critically debate the Constitutional
safeguards of key Amendments with specific attention to the 4th, 5th, 6th,
and 14th Amendments.
Describe the difference between
searchers, warrantless searches, and stops.
Write clearly and concisely about the
criminal procedure using proper writing mechanics.