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MMLU / The police received an anonymous tip informing them that a pharmacist was…

Problem

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question

The police received an anonymous tip informing them that a pharmacist was engaged in the illegal manufacture of synthetic cocaine. As part of its investigation, the police placed an electronic tracking device on the pharmacist's car. The tracking device was attached to the underbody of the pharmacist's car while it was parked outside his home. The police did not secure a warrant before installing the device. By means of the tracking device, the police were able to trail the pharmacist's movements. The police followed the pharmacist every day for almost a month. Finally, one day the police tracked the pharmacist's car to a vacant warehouse on the outskirts of town. While the pharmacist was inside the building, the police peered in the window and saw drug paraphernalia and equipment used in the manufacture of synthetic cocaine. Based on these observations, the police secured a search warrant and gained entry into the building. Once inside, the police arrested the pharmacist and confiscated a large quantity of synthetic cocaine that had just been produced. At his trial for illegal possession and manufacture of a controlled dangerous substance, the pharmacist moves to suppress the cocaine confiscated by the police. The pharmacist's motion will most likely be

choices

  1. granted, because the information upon which the search warrant was based was illegally obtained by means of the tracking device.
  2. granted, because the seizure must be suppressed as the fruit of an illegal search.
  3. denied, because the police could have discovered the location of the warehouse simply by following the pharmacist's car.
  4. denied, because the electronic surveillance of the pharmacist's car did not exceed 30 days.

subject

professional_law

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