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Case Study 2: Plain View, Open Fields, Abandonment, and Border Searches as They Relate to Search and Seizures
Officer Jones asked the neighborhood's regular trash collector to put the content of the defendant's garbage that was left on the curb in plastic bags and to turn over the bags to him at the end of the day. The trash collector did as the officer asked in order to not mix the garbage once he collected the defendant's garbage. The officer searched through the garbage and found items indicative of narcotics use. The officer then recited the information that was obtained from the trash in an affidavit in support of a warrant to search the defendant's home. The officer encountered the defendant at the house later that day upon execution of the warrant. The officer found quantities of cocaine and marijuana during the search and arrested the defendant on felony narcotics charges.
1. Identify the constitutional amendment that would govern Officer Jones' actions.
2. Analyze the validity and constitutionality of officer's Jones' actions.
3. Discuss if Officer Jones' actions were justified under the doctrines of plain view, abandonment, open fields, or border searches.
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