Question

Case 10.2
Police respond to a 911 call from a female caller reporting a domestic violence incident. The victim/caller meets the responding officers at the door and invites them inside her home. Once inside, the officers observe evidence of a physical altercation with broken furniture. The victim reports that her boyfriend, with whom she lives, left after slamming her into the wall and threatening to kill her. The victim reports that every time her boyfriend gets wasted, he gets violent. She then tells the police that he left his bag of drugs on their bed and she wants them and her boy friend out of the house. The victim leads the police to bedroom and points to clear plastic with what appears to contain methamphetamine. Police seize the drugs. The victim requests and receives a temporary restraining order against the boyfriend. The boyfriend is subsequently arrested and charged with assault and terroristic threats along with possession of methamphetamine.

Prior to trial the defense attempts to suppress the seizure of the drugs. Was the seizure of the drugs police subject to the exclusionary rule?
a. Yes, because the search was conducted without a search warrant.
b. Yes, because the officers entered the house without defendant's consent.
c. No, because of the domestic violence exception.
d. No, because the victim has "common authority" over the area searched.

Answer

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