Problem
Topic: Searches and Arrest without Warrants
Question I
i. Describe the scope and timing of a Search incident to Arrest.
ii. Mike, an accountant, is suspected of committing a major tax fraud scheme. IRS Agents enter Mike's home with a valid arrest warrant for his arrest. They find Mike sitting at his desk in the study. One agent removes Mike from the chair, searches him, and cuffs him. While another agent opens and searches the drawers on the desk. A list of clients, many suspected of participating in the fraud scheme, is found in the pocket of Mike's pants, and an illegal firearm is found in his desk drawer. Were these items lawfully seized, or should they be suppressed at trial? explain and justify response.
Question II
i. describe/provide examples of the 3 factors required to make a valid seizure according to the Plain View Doctrine.
ii. Officers have a valid search warrant to search for a stolen big-screen television in Tyler's home. While in Tyler's den searching, officers smell what they recognize as burning marijuana. They also see a wooden pipe smoldering in an ashtray. Please analyze this scenario using the three elements for a valid plain view seizure, and please tell me if officers can seize the pipe and its contents legally.