Reference no: EM134007903

Question

Stella, a police officer, out of uniform, showed up at Andy's house, knocked, and asked if she could enter to enact a warrant. Andy, dressed in his Elvis pajamas, opened the door. The warrant was a search warrant, issued by Magistrate McDuff, a former patrol cop for Graceland Police Department. The warrant stated that "the first-floor of Andy's house will be searched for a gun used in connection with a robbery, as well as two very valuable paintings of Elvis which were stolen." While looking in Andy's house, Stella smelled what she thought to be gun powder coming from the second floor, and she quickly, without looking for anything else, walked to the second floor, and found a gun at the top of the steps, which she confiscated. The gun had a note attached to it which listed an address. Later that afternoon, police arrived at the address listed on the note, and it turned out that two stolen paintings were found there. As such, the police confiscated the paintings. The address was a known place where stolen paintings were hidden.

While at his house, Andy stated to Stella, that, "I do not know what you are here for, because I did not rob the Graceland Art Museum." Nevertheless, Stella asked Andy to accompany her to the police station. Andy agreed, and as they walked in the station, Magistrate McDuff stated loudly: "Is that the person who stole the paintings?!" To which Andy stated, "I told Stella already that I did not rob the Graceland Art Museum, why are you harassing me, when you should be looking for the two valuable paintings of Elvis elsewhere, not in my home ?!" Later that afternoon Andy was subsequently charged with unlawful possession of a weapon and robbery of the Graceland Art Museum.

Question 1: Identify all applicable constitutional issues that Andy can allege prior to trial. Use case law to bolster your argument.

Question 2: How should those issues be resolved?