1) In regards to the "Plain View" doctrine, any of the five human senses may provide information that meks it "immediately apparent" to the police that the object is evidence of a crime. Discuss the senses applicable to plain view and their application.
2) Many federal, state, and local governmental agencies now require suspicionless drug testing of employees with duties "fraught with such risks of injury to others that even a momentary lapse of attention can have disastrous consequences." Come up with a list of pros and cons (a minimum of four each) for generalized drug testing in the workplace. What is your personal opinion of random drug testing for employees? What is the basis for your opinion?
3) Research the history of school authorities being able to search students and their lockers. Summarize the development of this issu in the courts and what is now the current standard. What criteria would you establish in order for a search of students or their lockers to be valid? What is your underlying rationale?
4) The Leon good faith exception permits the use of evidence obtained through the use of a search warrant containing a technical error that does not violate a fundamental constitutional right of a suspect. This is exemplified by officers who served a warrant that was later found to be invalid because of an error by court administration or some other error that the police were not privy to. Should it matter whether the typing or other grammatical error was made by the clerk of court or by the police? Why or why not? What rationale are you basing your decision on?
5) Review the case Nix v. Williams and respond to the following: Do you feel that the Supreme Court made the correct assumption in stating that the searchers probably would have found the deceased girl's body even without the information provided by Williams? If the Supreme Court had ruled that the subsequent discovery of the body and related evidence was fruit of the poisonous tree would justice have been served? Why or why not?
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