The local law enforcement agency has obtained a warrant to search Lucy’s house for illegal rifles. While inside the home in the course of executing the warrant for illegal rifles, Officer Johnson notices behind a chair in the corner of the room what he thought might be several bundles of marijuana with a towel draped over them. Officer Johnson moves the chair and lifts up the towel, confirming his suspicions. Lucy challenges her arrest for possession of marijuana with intent to distribute, claiming that the drugs were found during an illegal search. Lucy’s lawyer files a motion to suppress the marijuana, claiming it was the product of an illegal search. Should the marijuana be suppressed?
a. No, because it was in plain view, which is an exception to the search warrant requirement of the Fourth Amendment.
b. Yes, because Office Johnson can only search for the items that are identified in the warrant.
c. Yes, because the items were concealed behind a chair and under a towel. They were not in plain view.
d. No, because Officer Johnson was searching the home pursuant to a valid search warrant.
c. Yes, because the items were concealed behind a chair and under a towel. They were not in plain view.
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