Assignment 2- Legal Analysis Memorandum11(1).doc - Running...

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Running Head: LEGAL ANALYSIS MEMORANDUMLegal Analysis MemorandumName: Alexis GarciaCourse: CCJS 230-7982Due Date: 24 Nov 2019
LEGAL ANALYSIS MEMORANDUMFactsOn 10 February 2018 in Anne Arundel County, the MD police received a call from one ofthe residents and stated that the occupants of resident 123, 10 St Annapolis were selling drug from the place and were found smoking marijuana. The anonymous call also reported that a person identified as Brown was in the possession of a handgun in the waistband while entering the place. The police went to the home which was under the occupation of Manga and his wife, and upon arrival, and observing through the window of the sitting room, they saw Mr Brown and2 other people smoking marijuana while watching the super bowl. As they moved closer into the home, the polices smelled marijuana and saw a bag with greenish-brown substance placed on thecouch. The police knocked on the door and Manga allowed them into the house. The officers alsonoted that the drugs were not placed in a visible place. Having entered the house, the officer found a handgun placed on the couch and subsequently helped in the discovery of three more handguns. The police carried out a pat-down, which enabled them to discover double digital scales as well as $1541 in cash from Mr Brown. As a result, Brown was charged for distributing controlled substances, being in the possession of the dangerous substance, as well as counts of wearing, and carrying a handgun. The handgun did not belong to any of the person found in the home and none of them was legally registered to possess weapons.IssueThe main issues in this case are on whether the evidence found in the residence and on Mr Brown and other occupants of the home are admissible against him in the pending criminal cases. In addition, there is concern on whether the available evidence is sufficient for convicting Mr Brown for distributing and possessing controlled substance, as well as carrying firearm without a permit. Based on Minnesota v. Carter 525 U.S. 83 (1998), the officer’s observation is
LEGAL ANALYSIS MEMORANDUMpermissible in the fourth amendment. When the police arrived at the residence after being

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