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Question

Case 15.2
Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, "I hope this weed is better than the last stuff you sold me." Officer McElroy steps out from behind a tree and arrests both men.

Leon challenges the use of binoculars as an invasion of his privacy. What is likely to occur next?
a. Leon will not succeed because the illegal transaction occurred in plain view of the police officer.
b. The arrest is invalid since, without the binoculars, Officer McElroy would not have seen sufficient evidence of the crime to justify the arrest.
c. Surveillance of this type will require a court order.
d. Officer McElroy will need to show he did not have sufficient time to secure a court order to use the binoculars.

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