1) Kyle and Mel are detectives in the property crimes unit. They are investigating a case of leaving the scene of an accident. The victim's car suggested an impact on the right front bumper of victim's car. While canvassing a neighborhood on another matter, Mel sees a car parked in a garage. The garage is attached to the house, but the door is open. The car shows physical damage to the left rear quarter panel with smudges similar to those on victim's car. Mel and Kyle approach the garage and take photographs of and samples from the outside of the car. The samples link to the crime, and the resident is charged. Assess the police conduct. Will the evidence be admissible? Why or why not?
2) Police officers received an anonymous tip that a building at 401 S. Main was being operated as a "crack house." Based on that tip, two vice squad officers were assigned to place the above building under surveillance.
The officers viewed the premises from their nearby automobile and observed a fair amount of traffic going in and out of the building over a three day period. One evening, Jim Smith left the above described premises and walked toward the officer's unmarked car. As he approached the car, and seemed to recognize the officers (who were in street clothing), Smith turned, walked in the opposite direction and entered an alley. The officers decided to pursue Smith and stopped him in the alley. Smith was told to lean over the hood of the car with his arms extended, and head kept down. One officer patted down Smith and felt a "suspicious bulge" in his jacket pocket. The officer quickly reached into the pocket and removed a package which contained a couple of ounces of a white substance which on later analysis turned out to be cocaine.
In connection with Smith being charged with the unlawful possession of Cocaine, a controlled substance, his attorney seeks to suppress the cocaine. What legal issues are involved in this endeavor and, what result would you reach?