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    Constitutional Search and Seizure

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    After reviewing these two situations are these legal or illegal searches according to the U.S. Constitution?

    1. Officer Schield knocks on Riff's door. Riff is not home but his mother answers
    the knock. She gives the officer permission to search her son's room. He/she finds a money bag, a hammer and several checks made out to Marquette's Market in Riff's room.

    2. Officer Schield does not search Riff's home, but does a search of the trash can
    in the alley at the rear of the house. The officer finds the money bag, a hammer, and checks made out to Marquette's market.

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    Solution Preview

    1. In order to search the premises the person in control of the premises has to give consent absent a search warrant. In this case, Riff's mother is probably the owner of the house so she can give consent to search Riff's room since she basically owns it. However, if this was a roommate situation, where Riff and his mother were in all aspects roommates, paying half for everything, then ...

    Solution Summary

    The solution discusses hypothetical searches and seizure cases.