Final (greg)

analyze  the fact pattern presented below.  Please use federal law, your own  state law, or military law.    For example, search  and seizure, search warrants, execution of warrants, exceptions to the  warrant requirement, exclusionary rule, Miranda rights, and the right against self-incrimination.  Do not restate the facts in your summary, but rather identify the issues, analyze, and provide your legal reasoning.

Fact Pattern

Michael  is a veteran police officer for the New York City Police Department. He  is dispatched to investigate an armed robbery and possible homicide  with a weapon at 123 Apple Lane, Michelle Hansberry’s house. He knocks  on the door in uniform and announces his identity and flashes a search  warrant to Michelle. She does not ask to see or read the search warrant  and lets Officer Michael in the house. 

The  warrant was issued by Judge Judy at the local district court. It is a  search warrant that indicated the kitchen, family room, powder bathroom  and common areas of the home could be searched for a gun used in  connection with a murder in Time Square and for a diamond necklace  missing from Tiffany’s jewelry store on Fifth Avenue. 

While  searching the premises indicated on the search warrant, Officer Michael  detects a smell coming from the master bedroom, which is located on the  first floor of the home. He steps by the entrance of the bedroom and  determines based on his professional experience, it is the smell of gun  powder. Due to this emanating smell, Officer Michael immediately goes  into the bedroom and discovers a gun sitting on the dresser. Officer  Michael grabbed the gun and placed it into an evidence bag and labeled  it. 

He  then proceeds to open the dresser drawer and discovers the diamond  necklace that was missing from Tiffany’s jewelry store. When Officer  Michael questioned Michelle, she responded, “I did not kill anyone, my  sister stole the necklace. I only agreed to hide the necklace for her.”  Officer Michael asked Michelle to go to the police station to answer  some questions, and she agreed. Upon arrival at the station and being  booked, Michelle told Officer Michael’s partner Scott, “my sister made  me do it, I had no choice.”