New York Con/Crime Law

Write a 2 page paper analyzing the fact pattern scenario below. Please use New York State law. Your analysis
should include application of the topics covered during the past 7 weeks. For example, search and seizure,
search warrant, execution of warrant, exclusionary rule, Miranda rights, and the right against self incrimination.
Make sure all citations are in APA or Bluebook format.
Leila is a police officer. She is out of uniform and knocked on Dan’s front door of his house and asked is should
could enter to enforce a warrant she had. The warrant was a search warrant issued by a magistrate at the
Lawrence District Court. His name is Mark McCale, a retired police officer for the state police department in
Lawrence. The warrant indicated that “the first floor of Dan’s house will be searched for a gun used in
connection with a robbery and some jewelry, which was stolen.” While looking in Dan’s house, Officer Leila
smelled what she thought to be gun powder emanating from the second floor. Officer Leila immediately walked
upstairs and found a gun at the tops of the stairs. She went to confiscate the gun and while doing so noticed a
note attached to the gun with an address on it. Later that afternoon police officers went to the address of the
house listed on the note of the gun. A bunch of jewelry was found at this address and collected by the police
officers. The address was a known address for stolen jewelry to be pawned. While at Dan’s house, Dan told
Officer Leila that, “I do not know what you are here for, because I did not rob the Terri Grubb’s jewelry store.”
Officer Leila asked Dan to go to the police station and Dan agreed. As they walked into the police station,
Magistrate McCale yelled, “is that the person who robbed Terri Grubb’s jewelry store?!” Dan replied, “I told
Officer Leila already, I did not rob the Terri Grubb’s jewelry store