The police suspect that Lucy is trafficking marijuana from her third-floor apartment. Officers have observed for several days a suspicious plant basking in the sunlight on her balcony. They have also confirmed through their liaison with the apartment management that Lucy is a legal tenant of the apartment. In addition to the plant, the officers have also observed that a number of visitors knock on Lucy's door, shake hands with her, and leave with a small brown package. These officers, who are trained in drug and narcotics identification, believe that these are consistent with those of a drug trafficker. What should the officers do?

Question

What will be an ideal response?

Answer 1

Answers will vary. The students must address Lucy's Fourth Amendment right against government intrusion upon a reasonable expectation of her privacy. This right will be challenged by the officers' probable cause, based on their training and observations, that a crime is being committed by Lucy, drug trafficking, and that there is reasonable suspicion that evidence of that criminal activity is present in the apartment. Officers should submit an application for a search warrant to a judge to search Lucy's apartment. Students should address that the execution of the search should take place reasonably after the search warrant is signed and that all the information officers have supporting their entry should be articulated in the warrant. Students may also address that officers could simply knock on Lucy's door and ask for a consent search. Because it is unlikely that if Lucy is engaged in criminal activity she will consent to a search, the officers should seek a warrant.