An investigator in plain clothes is conducting surveillance from an undercover (U.C.) van parked in a high crime area. He observes suspicious activity on a street corner known as a busy drug sales area. A suspect receives a wad of money and immediately walks away from the small group. The suspect begins to walk quickly and is heading south and the investigator will lose sight of the suspect soon. The investigator has a second, backup investigator in plain clothes across the street on a bench.
Based on the facts in this situation, what is the best surveillance method the investigator should utilize in order to track the suspect?
A) The investigator should follow the suspect in his U.C. police vehicle while the back-up officer stays with the group on the corner.
B) The investigator should use the one-officer surveillance method while the back-up officer stays with the group on the corner.
C) The investigator should use the two-officer surveillance method to follow the suspect.
D) The investigator should use the ABC method to follow the suspect.
Question 2
A police officer received a tip that John LNU (last name unknown) is growing marijuana in his basement and is using sophisticated lights and other means to grow it. The officer learned that the house is located at the corner of Maple and Third Ave.
At 2:30 a.m. the officer used a forward-looking infrared (FLIR) system to analyze the house and determines that there is evidence of a grow operation in the home.
The police officer did NOT have a warrant authorizing the use of the FLIR. Based on this situation, which statement below best describes the admissibility of the use of the FLIR in court?
A) The use of the device is legal under the Fourth Amendment since it does not involve a physical intrusion of a private residence.
B) The use of the device is legal under the First Amendment since the device does not infringe on a person's right of free speech.
C) The court may allow the use of the FLIR if the officer limited the use of the device to NON-LIVING spaces, in this case, the basement.
D) The surveillance is a Fourth Amendment search, and is presumptively unreasonable without a warrant.
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