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MMLU / Police received a tip from a reliable informant that a man was dealing cocaine…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Police received a tip from a reliable informant that a man was dealing cocaine from his home. Officers then submitted to a magistrate an affidavit setting forth circumstances showing probable cause for the issuance of a search warrant. The magistrate issued a search warrant for narcotics at the man's address. Police officers went to the man's home and rang the door bell. When no one answered, the police broke in and entered the dwelling. They searched the rooms on the first floor and found no incriminating evidence, then walked outside and noticed a separate entrance leading up to the second floor of the dwelling. They ascended the stairway and entered an upstairs bedroom. Inside the room the officers found a stash of cocaine lying on a dresser. As the officers were continuing their search of the bedroom, the defendant entered the room. The police asked the defendant if he was the man. The defendant identified himself and told the police that they were in his bedroom and he occupied the second floor of the dwelling. The defendant explained that the man resided on the first floor and his living quarters were separate from the defendant's. Nonetheless, the defendant was placed under arrest and charged with possession of cocaine. The defendant has filed a motion to exclude the cocaine from being admitted into evidence. The defendant's motion should be

choices

  1. granted, because the warrant did not name the defendant.
  2. granted, because the warrant did not state with specificity the area to be searched.
  3. denied, because the police reasonably believed they were searching the man's residence when they entered the defendant's living quarters.
  4. denied, because the warrant was valid and issued with probable cause.

subject

professional_law

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Source and history

task_id
45748399-f549-57c5-b682-99681ec7a506
task_key
all--test--45748399-f549-57c5-b682-99681ec7a506
task_revision_id
1
config / split
all / test

Official source

initial import