In this pair of cases, the first may serve as precedent for the second. Decide whether the second case is so relevantly similar to the first that it should be decided identically. Explain your decision.First case: On the basis of observation and a car license number, police reasonably suspected Mrs. H of possessing stolen radios. Informed by the manager of her apartment that a man living with her was sickly, officers knocked on the apartment door and received no response but heard "moans and groans." When they were admitted by the manager, no one was present, but one of the stolen radios was in plain sight. On the basis of this information, they obtained a search warrant and seized the radio. Mrs. H was later arrested. A court held that the radio was admissible as evidence: The officers

Question

testified that they believed someone in the apartment was in distress and had entered for the purpose of giving aid. The court ruled that this justified what would otherwise have been a trespass.Second case: Mr. G was found by police in his car, unconscious and with a severe knife wound. He was taken to a hospital for surgery, and his clothing was searched for identification. Marijuana was found, and he was arrested for possession of narcotics.

What will be an ideal response?

Answer 1

Since the search in both cases was legal, the evidence obtained in both cases is admissible even though unconnected with the initial purpose of the search.