Question

Case 15.1
The Sheriff's Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam's property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff's Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary's property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for "any and all illegal items" in the home and garage of Mary, listing her proper address. The Sheriff's Department executed a search warrant at Mary's home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.

Law officers must knock, identify themselves, state their purpose and await a refusal or silence before they enter private premises on a warrant. In this case, the violation of this rule:
a. renders the search illegal and the evidence inadmissible.
b. must have been specifically authorized by the search warrant.
c. is excused since the officers expected armed resistance.
d. does not merit judicial review, even if the suspect complains.

Answer

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