1. What type of immunity might be given to the prostitutes in this…

Question Answered step-by-step 1. What type of immunity might be given to the prostitutes in this… 1. What type of immunity might be given to the prostitutes in this situation? 2. Does the plain view doctrine apply to this series of events conducted by the police? 3. Are there any areas where some type of privilege to remain silent may be asserted by any of the accused? 4. Discuss the police actions in detail and determine if there were any illegal actions that they took. Does the fruit of the poisonous tree doctrine apply to any aspect of this scenario? 5. State your opinion as to whether the search of the warehouse would probably be found to be legal or illegal and explain why. 6. Will Donna’s inebriation with alcohol and simultaneous use of Xanax affect the case against her? Could this be part of an intoxication defense? 7. What should be done about the allegations that Donna Drug Dealer has made against the police? Can this potentially impact the plea-bargaining process?Donnie the Drug Dealer lives in a run-down area of town in a converted warehouse-style apartment. At night, prostitutes and drug dealers are known to frequent the streets in and around that area. Police have had Donnie under surveillance for over 3 months before making their raid on the warehouse. They’ve observed that there’s a garage door that opens by electronic remote, allowing cars to enter the warehouse. Cars do so at odd times at night after which the door closes. Perhaps 10 minutes later, the door will open, and the car will pull out and leave. Some of these vehicles have done this off-and-on every so often for several weeks now. Around the warehouse is a chain-link fence. The fence has a gate that has been locked most of the day but would be left open during many evenings, allowing vehicles to enter. There were “no trespassing” signs posted conspicuously on the fencing. On these nights, somewhere around 4:00 a.m. or so, the chain-link gate would close via an electronic remote system that Donnie used from inside his upper-level apartment within the warehouse. One night, while conducting their surveillance, police observed one of the cars leaving Donnie’s warehouse and, after traveling no more than 100 yards away, stopped near a corner where a couple of women were located, for nearly 15 minutes. One woman (presumably a prostitute) leaned on the driver-side door, the other on the passenger-side door. Both were dressed provocatively and were talking to the two men in the vehicle. Once the women entered the vehicle, two officers on the surveillance team followed the car to a motel around the corner and observed four persons obtain a room and enter. Police stalled for about 20 minutes and then knocked on the door of the hotel room. When no one answered the door, the police opened the door finding that it was unlocked. Ultimately, the police apprehended all four and arrested the two men for soliciting sex and the two women for prostitution. More importantly, however, they observed marijuana and methamphetamine located on a table and near the sink in the hotel room. All four were arrested for drug possession. When the vehicle was impounded, additional marijuana, methamphetamine, and a couple of firearms were found. Police questioned the prostitutes who, in exchange for immunity from being charged with the drug crimes, agreed to testify that both men had indicated that they had obtained their drugs from the warehouse where Donnie the Drug Dealer lived. The police didn’t offer an opportunity for the two men to negotiate a similar deal but did use their evidence to charge the men with drug trafficking (there was a very large amount of marijuana in the trunk of the car, about $2,500 in cash, two .357 pistols and an AR-15 in the trunk) as well as several other crimes. Within four hours of talking with the two prostitutes, police then obtained an electronic search warrant from a local judge for Donnie’s warehouse. Using this warrant, around 8:00 a.m. that morning, police attempted to use a speaker connected to the gate at the chain-link fences to be let in but could not get anyone to respond via the speaker system. It was also clear that there were several mini cameras at different points inside the fence on security lighting that illuminated the property. Using chain cutters, the police cut open the security chain to get into the gate. Two German shepherds were in the yard and barked, attempting to bite the officers. The officers were able to effectively get the dogs secured without injury. The police knocked on a single-entry door and announced their presence before breaking the door down. Upon entering the warehouse, it was clear that there were several cars and equipment around the bottom of the warehouse, but nothing obviously illegal. Stairs led upward to a loftlike second level where Donnie had a bedroom, living room, kitchen, bathroom, and other living space. Donnie could not be found in the warehouse. An alarm system existed throughout the place and police were able to call the alarm company and have it turned off. There were also cameras inside the warehouse. As they traversed the stairs and entered the locked apartment section of the building, they found a woman, passed out nude in the bed, but there was no sign of Donnie Drug Dealer. Rather, they observed on surveillance consoles that someone had been taping their entry the whole time. Ultimately, a concealed door was found to another area of the warehouse that was also cleverly connected to an adjacent storage shed that extended to the outer part of an area of the fence. A piece of the fence had been cut loose, leaving the potential for someone to exit and/or enter through that section, if they looked closely enough. They questioned the woman, who was both naked and passed out from what appeared to be excessive drinking (there was a nearly empty bottle of gin next to her). There was also an opened prescription bottle of Xanax on the nightstand next to the bottle of gin. The woman was Mrs. Donna Drug Dealer, Donnie’s Common Law Wife; the two had credit cards lying on the kitchen counter with their relationship indicating that they were husband and wife. She was arrested as an accomplice, but Donnie was never found. Donna refused to talk when the police arrived and demanded that the police show her their search warrant. When they did so, she screamed that it was made out to the wrong address. Despite the fact that she kept screaming this, the police continued with their search and ignored her statements. Within the warehouse, at different locations, there were refrigerators and freezers, as well as areas where auto parts, computer parts, and various power tools were stored, seemingly in a haphazard manner. When checking these locations, bags of cocaine and heroin were found, as well as large amounts of methamphetamine, stored within several non-functioning fridges and freezers. In all 116 grams of cocaine, 378 grams of heroin, and 202 grams of methamphetamine were located, as well as 91 pounds of marijuana labeled “kush,” considered to be a good strain of marijuana on the streets. In addition, scattered throughout the apartment section of the warehouse, there were over a dozen handguns of various types as well as two sawed-off shotguns and several high-powered rifles; all had been stolen from a local retail store several years past. When at the station, Donna refused to talk and provided absolutely no information. Sherepeatedly requested her attorney, to which the police would respond with “he is on the way here.” The only statement she provided was that she wasn’t aware of any of the drugs or firearms being present in the building. She refused to talk at all about anything but did complain about not having water, not being able to eat, and being hungover from the gin she drank the night before. She stated that she felt cognitively impaired and nauseous and stated “I did not know that Donnie gave me my Xanax; he does that all the time without telling me!” She also alleged that officers made lewd comments at her when they found her in bed and delayed in letting her put clothing on. She also stated that when they did provide her clothing, one of the officers had squeezed her breasts and spanked her on her butt while others laughed at the tawdry fiasco. During this time, Donna was vehement with rage and was not compliant with the police, calling them several names and providing numerous sarcastic remarks. When her attorney, your supervisor, did show up, she asked to examine the warrant and did confirm that it was, in fact, made out to an incorrect address. She also instructed the police department that she would be seeking minimal bail for her client as she felt unsafe with the officers at the moment. She also asked to secure the videotapes of events both outside and inside the warehouse. Later, it would be found that several catcall whistles can be heard on the videos in the apartment when Mrs. Donna Drug Dealer got out of bed unclothed in front of the officers. Law Social Science Criminal Justice GPR 104 GPR106 Share QuestionEmailCopy link Comments (0)