Scenario question reguarding search and seizure

[Skillz]

State is california

Ok kind of scenario based question

2 officers walking down a hallway looking for a man they had seen drinking in front of the building passed by a hotel room door that was partially open. Inside the room on the table, just a few feet away, an officer sees some plastic, a knife, and a razor. There is a women on the bed counting tin foil bindels, who makes eye contact with the officer. The officer pushes open the door and enters. After opening one of the bindles and finding drugs, he arrests the women. was the warrantless entry legal ? and why ?

Thanks for the help

 

[TheGeekess]

State is california

Ok kind of scenario based question

2 officers walking down a hallway looking for a man they had seen drinking in front of the building passed by a hotel room door that was partially open. Inside the room on the table, just a few feet away, an officer sees some plastic, a knife, and a razor. There is a women on the bed counting tin foil bindels, who makes eye contact with the officer. The officer pushes open the door and enters. After opening one of the bindles and finding drugs, he arrests the women. was the warrantless entry legal ? and why ?

Thanks for the help

We don't do your homework.

 

[Skillz]

Yeah im on the fence aobut this one because in a hotel setting you have a resonable expectancy of privacy... but since the door was open to the room and there was probable cause (tin bindles drug paraphinillia) to enter then you could say that the entry was leagal because of the probable cause, but if you have expectation of privacy dose the door being open, still provide you with that ... kind of in the right place at the right time.. or dose the exclusionary room come into play because of that expectancy... so im kind of confused..

 

[OHRoadwarrior]

I'll give you a clue. If you were doing the nasty on the bed, with the door open, would you have the expectation that Dagwood, Blonde and the kids would not be watching?

 

[Skillz]

lol no .. and thanks been running alot of stuff so the easy stuff dose not come so easy .. i kind of figured it was legal because of the door being open and every thing in plain view ..

Thank you !

 

[CdwJava]

Okay ... the officer observes foil, a razor, some plastic, a knife - all legal items. He enters the room, and opens a bindle finding dope.

So ... you have two things to consider: The entry to the room, AND the opening of a bindle. Is the first act lawful? Is the second? You decide.

 

[Skillz]

Well if you use the "based on training and experince" Those items, yes normal alone, but with the women counting tin foil bindels on the bed, you could come to the conclusion that they were drug paraphinillia, and enter the room citing Probable cause or possible immediate destruction of evidence, which would give you lawful entry into the room..

opening the tin foil bindel you would cite probable cause as well ..

now im confused again lol...

If its a resonable person those things would mean nothing to a trained observer thats some one getting ready to sell or distribute..

 

[OHRoadwarrior]

The safe response would be for the officers to engage said woman in conversation, while waiting for a drug dog.

 

[CdwJava]

Well if you use the "based on training and experince" Those items, yes normal alone, but with the women counting tin foil bindels on the bed, you could come to the conclusion that they were drug paraphinillia, and enter the room citing Probable cause or possible immediate destruction of evidence, which would give you lawful entry into the room..

opening the tin foil bindel you would cite probable cause as well ..

now im confused again lol...

If its a resonable person those things would mean nothing to a trained observer thats some one getting ready to sell or distribute..

If this is a school assignment, you will need to cite either the case law, the concept, or the statutes that support your positions ... assuming, of course, that your instructor wants something more than a "yes" or "no" response.

You're on the right track, you just have to find a better way to articulate your reasoning. If the question asked for other options, there are ways to make this cleaner, but you are on the right track.

 

[CdwJava]

The safe response would be for the officers to engage said woman in conversation, while waiting for a drug dog.

Or, simply to ask a few basic questions. "Hi ... whatcha doin'? ... What's in those? ... You on probation or parole? ... Ever used any drugs? ..."

In some places (like where I am) a drug dog is on duty maybe 23.8% of the week (yeah ... I recently did the math for a study ...)

 

[HighwayMan]

OP needs to hire an attorney to get him out of the mess he is in - he will not get anywhere trying to handle this himself.

 

[CdwJava]

OP needs to hire an attorney to get him out of the mess he is in - he will not get anywhere trying to handle this himself.

I believe the OP is doing homework as he did not deny it when he replied.