Assignment Task:
The Governor lived at 123 4th Drive in a residential section of Woodbury. The police received reliable information the Governor had a stolen Samsung LCD TV in his possession. Woodbury detectives then submitted an affidavit to a neutral magistrate setting forth sufficient underlying circumstances for the issuance of a search warrant. Making a determination of probable cause, the magistrate issued a warrant for the Samsung LCD TV at "the premises on 123 4th Drive."
The police arrived at the Governor's home, showed him the warrant and came inside. In the living room, they noticed a Vizio flat screen TV. By lifting up the Vizio TV, they noticed the serial number had been removed. Upon further inspection, the police determined that the Vizio TV had been stolen from a local store during a recent burglary. Accordingly, the police placed the Governor under arrest and instructed him to remain seated in the living room while they searched the rest of the home. After a further search of the home, the officers found the Samsung LCD TV described in the warrant and arrested the Governor for possession of this TV as well.
At trial, the Governor makes a motion to prevent introduction of the TVs into evidence.
Question 1: Should his motion be granted with respect to the Vizio flat screen TV? If so, why? If not, why not?
Question 2: Should his motion be granted with respect to the Samsung LCD TV? If so, why? If not, why not?