The writing assignment asks you to analyze a scenario and decide
whether law enforcement officers follow Fourth Amendment procedural
rules in gathering evidence. First, read the scenario below.
Based on the items found in Dan’s garbage can,
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.
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?
be sure to prepare your assignment following APA citation and format
requirements. You must include proper citations to any source you relied
on for information that you include in your paper!!