THE SEARCH
As we start our dive into searches, let’s take a look at one very specific search. The validity of the search warrant is not in question — but it’s also not the answer to the question of whether you agree with when and how the search was conducted. Here, as with all our discussions, we are concerned with whether we think the police acted in an ethical manner. So providing an answer like “Anything they do is good if the warrant is good” shows absolutely no critical thinking and will receive no credit. You can agree or not how the search played out, but you need to provide evidence from the scenario and strong reasoning for how you feel.
Read the article below and answer the following questions.
A tactical narcotics unit consisting of a sergeant and six detectives had spent the week leading up to Christmas serving search warrants each day, sometimes as many as two in a day. Three days before Christmas Eve, the unit had secured a search warrant for the residence of Marco, suspected of dealing crack within the housing project where he lived. Part of the probable caused was based on a controlled “buy” of an informant who told them there were hundreds of crack vials at the resident and that Marco was indeed living there.
Approximately two hours later, the unit went to Marco’s residence. As with all of the warrants they had executed that week, no one responded when they pounded on the door and they used a battering ram to enter. A sweep made it clear Marco wasn’t present, only his girlfriend, Jasmine, and their three young children. Jasmine said Marco had gone to the store. The Sergeant told her to sit with the children on the couch, and they huddled together near the Christmas tree. The unit searched the typical locations where they would’ve expected to find narcotics, but didn’t find a single vial. They moved onto less typical locations, such as looking inside the television set and stereo, but still nothing. It was getting late and it began to snow.
The Sergeant stared out a window and wondered if he’d be able to get home in time to celebrate with his family. He knew his unit probably felt the same. When finally they had searched every last location where vials could be hidden, one of them asked the Sergeant if he wanted the unit to search the presents under the Christmas tree. Without thinking too much about it, he agreed and some of the unit began tearing off the wrapping paper on the presents.
Jasmine and the children had been mostly quiet throughout the search, Jasmine keeping her arms protectively around the kids and sometimes whispering reassurances to them. Now, Jasmine began protesting and her eight-year-old daughter, sobbing, jumped from the couch and pushed at one of the men. The Sergeant approached the girl, reaching out his arms to comfort her, but she screamed at him to keep away from her. She was trembling, clearly terrified.
Without a word, the Sergeant left the residence and walked out into the snowstorm…
1. Why do you think the Sergeant left at that point? What suggests that reason to you?
2. Do you agree with (a) when and (b) how the search was conducted? Why or why not? (Be sure to label and answer each question separately)
3. The first two questions are about the ethical aspects of this search. Here’s one based on the legal criteria for search warrants as provided in this week’s lecture. Be sure to use in text citation Download use in text citationfor the concepts you reference from lecture — you’ll receive NO credit for this answer if it lacks in text citation! Do you think that Marco has any grounds to claim that the manner in which the police searched was unlawful according to the criteria provided in lecture? Regardless of whether you say yes or no, what criteria from lecture supports your position and how does it do that?
