Conducting sobriety checkpoint

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1. Officers Johnson and Smith were chasing William Monk, an armed robbery suspect, through the streets of Hyde Park. William jumped a fence and ran up the stairs of an apartment complex. He ran through an open door into the apartment of Anne Perry, a local college student. Officers Johnson and Smith followed William into the apartment and tackled him. As they were removing him from the apartment, Officer Smith looked through an open door into the bedroom and saw Anne sitting on her bed dividing a white powder into small bags. She said it was flour, but he didn't believe her. He walked in, tasted it, realized it was cocaine, and arrested her. At her trial for selling drugs Anne wants to suppress the cocaine. Is she likely to succeed? Why?

2. Police officers were conducting a sobriety checkpoint at which all cars are stopped and drivers were asked for their license and registration. When Dan was stopped at the checkpoint, the police officer used a flashlight to illuminate the contents of his car. While doing so, the officer found an open alcohol bottle partially wedged inside the passenger seat. It is a misdemeanor to drive with an open alcoholic beverage. They arrest Dan and seize the bottle. At the trial, Dan wants to suppress the search. Is he likely to succeed? Why? For purposes of this question, assume the sobriety checkpoint was legal; do not analyze its constitutionality.

Reference no: EM133297721

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