Question

Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard what sounded like screams coming from the home. After receiving no response when they knocked on the front door, two police officers pushed in the door and found a young man bleeding from a knife wound. After they called for an ambulance, one of the officers proceeded to search the home to find out if there were any other victims or if the assailant was in the home. After 20 minutes, the ambulance arrived and the police officer had completed her search of the home without finding additional victims or the assailant. During her search, she did see illegal drugs in plain view in one of the bedrooms. The crime scene investigations unit responded, taking photographs of the area of the knife attack, collecting blood samples, as well as fingerprints from the immediate area. Investigation revealed that the victim, now in a coma, was the owner of the home and lived alone. After evidence had been collected at the crime scene, the police remained on-site for several days looking through closets and dresser drawers. They found a bloody knife on the fourth day. The following week, a known burglar was apprehended, trying to pawn property that turns out to be the property of the knife assault victim.

The burglar is challenging the admissibility of the knife at trial. What is the likely outcome?
a. The burglar will be successful since the police should have sought a warrant to remain on the premises so long.
b. The burglar will only succeed if he admits guilt to the underlying crime.
c. The burglar has standing to make this objection.
d. The burglar will not succeed in this challenge.

Answer

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