OfficerBentley was assigned to a saturation detail where he was sent to areas wherethere were citizens’ complaints of street drug sales. On one of those detailshe observes a number of teenagers and young adults standing on a street corner,including Steve Rogers. Some of the individuals with Rogers are known gangmembers though the officer does not know Rogers. He approaches the group tofind out what they were doing in the area. As he begins to talk with the groupRogers walks away. He tells Rogers to stop and Rogers continues to walk awayand drops a dark item into the snow. After repeated requests to stop areignored, Officer Bentley physically restrains Rogers. He conducts a pat downsearch and recovers a clear plastic bag containing a tin foil pack of whitepowder, suspect heroin. The defendant is then placed under arrest and $737 isfound on his person. Bentley’s partner, Officer Granger, finds a 38 caliberSmith and Wesson handgun on top of the snow in the area where Bentley saw anitem dropped by Rogers. After being advised of his rights, Rogers signs consentto search of his home where a ½ kilo of cocaine is found inside a trunk locatedin the basement. Rogers lives on the second floor of the house. His attorney files a motion to quasharrest and to suppress evidence based on a violation of the 4thAmendment protection against unreasonable searches and seizures. · Discuss and explain the legalanalysis that should be conducted in determining whether the motion should begranted? Please discuss what the prosecution and defense will argue · Should the gun, heroin or cocaine beadmissible at trial?
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