Apartments / Search Warrants

Investigators apply for a search warrant for John based on the information that his roommate David has seen him buying, packaging and selling heroin. David knows this information because he lives with John, splitting an apartment with him. David has seen John doing this activity in John's own bedroom and he's had enough of it. The police secure a search warrant for the apartment, implicating John's crimes as attested to by David. The warrant is for the entirety of the apartment, they serve it, and in the course of it search both John's room AND David's room as well as the shared kitchen, bathroom and living room. They find heroin and cocaine in John's room and they find 5 potted marijuana plants growing in David's closet. They had no prior knowledge of the marijuana in David's closet - he certainly didn't tell them, and John didn't know they were there. They also find heroin in the living room, but both men deny that it belongs to them.

John is arrested and charged with the heroin and cocaine in his bedroom. David is arrested and charged with the marijuana in his bedroom. BOTH men are charged with possessing the heroin in the living room.

Take the position of the defense or the prosecution as it relates to David - your choice. Should the evidence against David be suppressed? As if you were presenting it on a motion to suppress to a judge