criminal procedure question on searches for fourth amendment purposes PLEASE HELP!!?
Question by Nellie : criminal procedure question on searches for fourth amendment purposes PLEASE HELP!!? When his career in “claymation” Christmas specials dries up, Frosty the Snowman turns his attention to a different kind of “snow” – cocaine. Police suspect Frosty’s dealing drugs that he keeps in a rented storage compartment at a train station. They validly arrest him at the North Pole Diner one day. In a search incident to the arrest, the arresting officer, Sam Taklaus, finds a key. He takes it to the train station and turns the tumbler without actually opening the lock, to see if Frosty had access to the unit.
Does this constitute a “search” for Fourth Amendment purposes? Why/why not? Back up your conclusion with fact, cases, etc. Best answer:
Answer by swilson_lewis
Do I get my degree when I’m finished with this question?
What do you think? Answer below!
im not 100% sure on the question… does turning the key count as a search or does finding the key give the right to search?
i believe that the rented compartment may be considered a “premises” of frosty. in which case the police can search if they believe that frosty has been to the compartment imediatly before the arrest, with reason to believe that there may be evidence related to the specific crime. In other circumstances, officer sam taklaus =]… must have a search warrant before he can enter the premises.With the warrent he can force entry if refused permission by frosty, even though he has the key, i believe it may be forced entry if the key belongs to frosty…
turning the key i believe counts as a search, and without the warrent, invalid… all coke will be dismissed as evidence =o…
sorry, i cant guarentee anything, im no pro and im not american, so i dont deal with your amendment issues… but i hope i helped more than the first answer =p