Read the following facts: A man comes out of his house and approaches an undercover officer parked on the street. After a brief conversation, the man sells crack cocaine to the undercover officer and is immediately arrested. While he is being handcuffed, the man shouts to a second, unidentified man standing in the doorway of the home, Eddie, quick, flush our stash down the toilet The officer then enters the house, arrests Eddie immediately, and seizes a large quantity of crack cocaine.
Based on the facts above, which statement below is true?
A) The warrantless search of the home is unlawful and the evidence will likely be suppressed.
B) The search of the home is unlawful but the arrest of the man inside of the home is lawful and any drugs found near the man or on his person are admissible.
C) The entry into the home, the arrest, and the search of the home are all unlawful.
D) The entry into the home, the arrest, and the search of the home are all lawful to prevent the destruction of evidence.
Question 2
During an investigation involving drug trafficking, an officer learned through a confidential informant that drugs were being sold at 3984 Maple Street. The officer went to the residence seeking consent to search the home for drugs and drug trafficking and knocked on the door. A man later identified as Jim, came to the door and informed the officer that he was just visiting and had just arrived a few hours ago. He informed the officer that he didn't live at the house and that the owner had just left to pick up some groceries. When asked, Jim consented to a search of the house which was then conducted. Cocaine, LSD, marijuana, and unknown pills were seized.
What statement below regarding this search is true?
A) The search of the house was legal because the visitor was in legal possession of the home at the time consent was given.
B) The search of the house was legal because the officers made a good faith error in accepting the consent given by a visitor.
C) The search of the house was illegal but because the officers had probable cause to search the home and a warrant could have been obtained, inevitable discovery will allow the drugs to be admissible.
D) The search is illegal and the evidence is inadmissible.
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