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¶ … Evidence
The case reveals how the police officers have obtained the cocaine evidence by searching a man house without a warrant making the man to be charged for possession of cocaine. Objective of this paper is to argue whether the cocaine evidence against the man is admissible since the police officers search the man's house and obtain the evidence without a warrant.
Argument in Favor of Prosecutor
A warrant refers to a legal order legally signed by a judge authorizing the police to search a specific location or private property of an individual. While the Fourth Amendment stipulates that a police officer requires a warrant to search a home or property of a private citizen, nevertheless, the prosecutor can argue that the police officers do not require a warrant to search the man house, thus, the evidence should be admissible.
The prosecutor can use the stop and risk theory to convince the judge to admit the evidence on the ground...
Thus, the police have a reasonable believe that the man is carrying out a dangerous activity. See the case of Terry v. Ohio, 392 in U.S. 1 (1968). Thus, the police have the right to search the man's home without a warrant. The prosecutor can also use the exigent circumstances theory to convince the judge that the police does not require a warrant to search the man's house because the time taken to obtain the warrant might be long enough to jeopardize the public safety, which can consequently lead to a loss of evidence. Typically, it is visible that the man will destroy the evidence or hide the evidence in another location before the police obtains the warrant. It is critical to understand that the case of cocaine distribution and possession is a serious offense in the United States. Thus, the police believe that the time taken to obtain a warrant before searching the man's home can jeopardize the public safety, in this circumstances, the police officers carry out a search without a warrant.
Argument in Favor of the Man
The man can argue that the Judge should exclude the cocaine from the evidence because the police did not come with a warrant to search his house, which the United States constitution mandates a police officer to obtain before carry…
Reference
Cornell University Law School (2014). Fourth Amendment. Law School. USA.
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