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While on patrol at 8 p.m. in a residential area of Phoenix, Arizona, Officer Parks noticed two individuals, Ash and Jay, walking down the sidewalk with a laptop computer. Because he had recently received a rash of burglary reports, Officer Parks circled

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discussion minimum 100 words Book- Chapter 10 Fifth Amendment - Constitutional Law Criminal Justice System 6th edition, J.Scott Harr 2014

While on patrol at 8 p.m. in a residential area of Phoenix, Arizona, Officer Parks noticed two individuals, Ash and Jay, walking down the sidewalk with a laptop computer.  Because he had recently received a rash of burglary reports, Officer Parks circled the block.  When Ash and Jay noticed that Officer Parks was returning, they quickly turned off the street into an alleyway.  Officer Parks followed them, approached the two, and asked them to stop so he could talk to them.  Both of them stopped.  Officer Parks asked what they were doing with the laptop.  Ash said that it belonged to his sister and that she let him borrow it.  Officer Parks said he did not believe him, handcuffed both Ash and Jay, and took them to the police station in his patrol car.

At the station, Parks found marks identifying the laptop as belonging to Tom Smith.  A telephone call to Smith indicated that the laptop had just been stolen from Tom's house.  After giving Miranda warnings to Jay, and securing a proper waiver of those rights from Jay, Parks then questioned Jay. 

Jay said, "You know, Ash is the biggest burglar in town.  He broke into the house and took the laptop and has done over 50 burglaries that I know of."  Ash and Jay have each been charged with the burglary of Smith's home.  Ash has asked the court to suppress as evidence the laptop and the statement by Jay. 

Discuss whether you think either the laptop, the statement by Jay, or both should be suppressed based on the exclusionary rule.  Explain fully your answer and in answering discuss the application of the Fourth and Fifth Amendments to your answer.

317 Words  1 Pages
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