Federal Agent Smith needs additional evidence to arrest Jack, who is suspected of murdering his wife. Time is of the essence as Agent Smith just learned that Jack is scheduled to fly out of the country tomorrow morning to return to his home in South America. Uncertain that he has sufficient time to secure and execute a search warrant before Jack leaves the United States, Agent Smith contacts Sgt. Cane in the city where Jack currently resides and asks Sgt. Cane to go and search Jack’s house to find evidence to support the murder charge. Assume Sgt. Cane proceeded to search Jack’s home without a warrant. Applying the Court’s holding in Elkins v. United States, which of the following statements is true about any evidence obtained by Sgt. Cane?
a. The evidence would be admissible in a federal trial against Jack for the murder of his wife since no unreasonable search was conducted by a federal officer.
b. The evidence would be inadmissible in a federal trial against Jack for the murder of his wife because federal agents participated in the unreasonable search by engaging the local police in their arrest efforts.
c. The evidence would be admissible in a federal trial against Jack for the murder of his wife as the product of an unreasonable search by a state law enforcement officer.
d. The evidence would be admissible in a federal trial against Jack for the murder of his wife, and Jack could later sue the state agents for violation of his Fourth Amendment right to privacy.
b. The evidence would be inadmissible in a federal trial against Jack for the murder of his wife because federal agents participated in the unreasonable search by engaging the local police in their arrest efforts.
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