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This essay is very similar to the midterm exam, except there you’ll have two ess
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This essay is very similar to the midterm exam, except there you’ll have two essay questions to answer. For this assignment, answer the question below based on the hypothetical fact pattern. Structure your answer in the IRAC (Issue, Rule, Application, Conclusion) format.
Dominic is suspected of trafficking ecstasy pills at music festivals. The pills are packaged in distinctive pink plastic bags stamped with a unicorn. Lacking probable cause, Officer Tucker has been routinely watching Dominic’s house from the street to look for signs of drug trafficking. The house is a two-story home with a detached garage, located in a wealthy subdivision. An informant told Tucker that Dominic lives at the house with his wife Veronica, and their two small children.
Early on Thursday morning, Tucker watches a woman back a minivan out of the garage. Tucker knows that the van is registered to Dominic and Veronica. The woman then loads two small children into the van, and they drive away. A short time later, the woman returns without the children. As she parks the van in the garage, Tucker sees that Dominic’s car is not there.
Tucker and his partner decide to approach the house and see if Dominic’s wife will let them in. They knock on the front door and it is opened by the woman they saw driving the van. Tucker asks if Dominic is home and she says no.
“We have reason to believe that Dominic is involved in drug trafficking. Do you mind if we look around?” Tucker asks.
“Dominic would never do that,” the woman says. “You can look, but you won’t find anything like that.”
The two officers step into the foyer and see multiple cell phones charging on a table next to a box of pink plastic bags embossed with a unicorn.
“Are you Veronica?” Tucker asks the woman.
“No, I’m Kate. I’m the nanny,” she says.
“Do you live here?” Tucker asks.
“I live in the apartment over the garage,” Kate says.
The officers then walk through the living room, dining area, kitchen, and office on the first floor of the house. They do not go upstairs where the bedrooms are. In the office, Tucker sees shipping records that indicate Dominic has imported counterfeit luxury goods which were sent to a warehouse in a local commercial district, and correspondence regarding plans to sell the goods at music festivals.
As the officers are searching the house, Dominic arrives home and orders the officers to get out. Tucker and his partner immediately leave. They use the evidence found in the house to get a search warrant for the warehouse, where they find pallets of fake Louis Vuitton and Tory Burch handbags and other counterfeit items. They also find equipment and chemicals used to manufacture ecstasy.
Dominic is arrested and charged with manufacturing and distribution of ecstasy and criminal charges relating to trafficking counterfeit goods. Prior to trial, his attorney files motions to suppress the evidence.
The defense challenges all the evidence found during the search of the house. How should the judge rule on this? Address all legal issues presented. (You may find it helpful to address the different types of evidence separately.)
Please make sure you address the IRAC.