Bar Exam (US) Criminal Procedure: The police received an anonymous tip informing them that Crack...

Question

The police received an anonymous tip informing them that Cracker, a pharmacist, was engaged in the illegal manufacture of synthetic cocaine. As part of its investigation, the police placed an electronic tracking device on Cracker's car. The "beeper" device was attached to the underbody of Cracker's car while it was parked outside his home. The police did not secure a warrant before installing the "beeper."

By means of the "beeper," the police were able to trail Cracker's movements. The police followed Cracker every day for almost a month. Finally, one day the police tracked Cracker's car to a vacant warehouse on the outskirts of town. While Cracker was inside the building, the police peered in the window and saw drug paraphernalia and equipment used in the manufacture of synthetic cocaine.

Based on these observations, the police secured a search warrant and gained entry into the building. Once inside, the police arrested Cracker and confiscated a large quantity of synthetic cocaine that had just been produced.

At his trial for illegal possession and manufacture of a controlled dangerous substance, Cracker moves to suppress the cocaine confiscated by the police. Cracker's motion will MOST likely be

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    granted, because the information upon which the search warrant was based was illegally obtained by means of the "beeper" device
  2. B
    Correct Answer
    granted, because the seizure must be suppressed as the "fruit" of an antecedent illegal search
  3. C
    Correct Answer
    denied, because the police could have discovered the location of the warehouse simply by following Cracker's car
  4. D
    Correct Answer
    denied, but only if the electronic surveillance of Cracker's car did not exceed 30 days
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