After the investigation, the defendant was charged with and convicted of first-degree murder. Did the presence of the police and crime scene investigator in the house violate Phillips' Fourth Amendment rights?
At 11:48 p.m., a police dispatcher received a 911 call from a home, and a call from a neighbor, indicating that Sharon Phillips had been stabbed and her estranged husband was seen running away. Officers arrived at the residence at approximately 11:54 p.m. Phillips' body was lying in the doorway. Her throat had been cut. The officers conducted a protective sweep of the house in two minutes, and observed blood throughout. No evidence was removed. By that time emergency personnel arrived and pronounced Phillips dead at 12:03 a.m. The police officers secured the crime scene by placing yellow tape around the residence and covering the door so no one could see in or get in. A crime scene technician arrived between 12:20 a.m. and 12:31 a.m. to photograph and videotape the scene and to collect evidence. The lead detective arrived at the scene at approximately 1:01 a.m. He, the officers and the technician, again conducted a walk through and the technician was instructed to collect blood samples. An officer arrived at the emergency room at approximately 12:40 a.m. and talked to the defendant, Edwin Phillips, about the incident. The officer at no time obtained Phillips' consent to search the house. A warrant was obtained the following day.
What will be an ideal response?
Question 2
If there is a GPS capability on a smartphone, how might the investigator use it in the investigation?
What will be an ideal response?
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What degree of certainty?
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