Search Warrant Draft

 Instructions No directly quoted material may be used in this project paper. Resources should be summarized or paraphrased with appropriate in-text and Resource page citations. PROJECT ONE: Search Warrant Draft You are Officer Cascius. Using the following fact pattern, please: 1) Draft an application/affidavit for a search warrant, search warrant and return for any applicable place, person or motor vehicle. For purposes of the exercise assume the application/affidavit will be presented to me, Judge Solomon Wise, Judge of the District Court of Maryland for Chesapeake County. 2) Submit a 2-3 page paper answering the following questions and citing applicable case law to support your opinions. a. Assuming Officer Cascius only had the information set forth in paragraphs #1 through #4 below, would he have probable cause for a the search warrant? Why or why not? b. Assuming the warrant was signed by the Judge and it was later determined that probable cause was lacking, would the evidence that was seized be suppressed by the court? Why or why not? c. What, if any, issues do you see regarding the credibility of the informant? d. Assuming Officer Cascius now has the information set forth in paragraphs #1 through #5 below, would he have probable cause for a the search warrant? Why or why not? Fact Pattern 1. On January 1, 2018, Officer Carl Cascius received an anonymous tip that Samantha Bee lived in a house at 123 Joppa Road and was selling counterfeit Louis Vuitton. 2. Officer Cascius completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification of counterfeit goods. He has been an officer for over 30 years and has been assigned as an investigator in the Economic Crime Division for the last 10 years. Over the last 10 years, he has received additional training with regard to counterfeit goods, specifically fake Louis Vuitton hand bags, clutches and purses; Counterfeit goods Training Center Basic Drug Identification Course; and the “Top Fakes” basic counterfeit investigators school hosted by the National Retail Association and the State Police. He has made hundreds of arrests for counterfeit goods and has written numerous counterfeit-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of counterfeit goods. 3. Officer Cascius enlisted an informant to check out the house and try to buy some counterfeit goods. The informant has no track record working for the police but the prosecutor referred him to Cascius because the informant wanted to help reduce a possible arson sentence. 4. The informant came back a few days later and told Cascius that on March 15th he saw Bee and another woman carry several large box with expensive handbags piled on top into the house and drag two other bags full of Louis Vuitton merchandize a BMW (a 2018 4 series) parked on the street in front of the house. (Officer Cascius later runs the tag and the car is registered to Samantha Bee). The informant tried to buy some handbags and purses that evening and as soon as he entered the house he saw bags in opaque plastic bags. Bee commented she had an unlimited supply of counterfeit goods from a place in New York City, but her credit card machine machine was not working. 5. Based on this informant on March 17th, Officer Cascius pulled Bee’s UPS and FedEx delivery information, as well her EZPass toll records. All three sources showed an abnormal amount of packages from and vehicle travel to New York City. Officer Cascius then drove to Bee’s house saw the BMW parked on the street. Officer Cascius surveilled the location and saw Bee return from a trip carrying a Louis Vuitton handbag. 6. Officer Cascius reviewed all the evidence and decides to get a warrant. Today is July 1st and a check of Bee’s bank accounts show deposits in cash and through a credit card machine from $1000 to $5000 a week. Bee does not appear to have other employment as confirmed by the State Unemployment Office. Bee receibes from the State $1500 a month which matches deposits made into Samantha Bee’s account.