Question
Marvin Moocher tends to like to ‘borrow’ his neighbor’s gardening tools. One day, while his neighbor was out, Marvin went to his neighbor’s house, and took some items from the garage without permission. While in the garage, Marvin noticed that his neighbor was growing 25 marijuana plants. Marvin knew his neighbor would be angry when he returned and found his tools gone, and so he decided to preempt the confrontation by calling the police. The police came with a search warrant based on Marvin’s tip, and found the marijuana plants in the neighbor’s garage, as Marvin had reported. The marijuana evidence is
A Admissible against the neighbor because even though Marvin was breaking the law when he found the marijuana plants, the 4th Amendment does not apply to his conduct.
B Inadmissible against the neighbor because the 4th Amendment protects citizens against unreasonable searches.
C Admissible against the neighbor because Marvin had not entered specifically with the intent to search for the plants.
D Inadmissible against the neighbor because the neighbor had no warrant when he originally conducted the search.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 12 Constitutional Constraints
