Police officers are undercover in an unmarked cruiser on a public street, doing surveillance of a suspected drug house located at Unit #101, United Street Apartments. The leased and only tenant of the apartment is Michelangelo Smith, who is unknown to the officers. Some of the persons the officers have witnessed come in and out of that unit are known by law enforcement as members of the MS-13 gang, widely known to be engaged in violent criminal activities that span large parts of the U.S. and other countries. Those officers see an individual personally known to them as Sally Smith enter Unit #101 with a small purse. Sally has a previous record of arrests and convictions for drug possession and sales, but has recently been on probation and in treatment with no reports of violations that the officers know of. Sally comes out five minutes later with a backpack, gets in her car and begins to drive away. Before Sally comes out of the building, Officers have already run her plates and find that her drivers license and registration are expired. Officers pull Sally over. When they do, Sally immediately blurts out that she doesn’t want to be found in violation of probation for driving without a license, and if they will let her go, she will testify about the dozen or so handguns that she saw laying on the kitchen counter near a large stack of money. The officers then see a person they have previously arrested during an MS-13 crackdown inside #101 watching them talk to Sally through an open window. This particular gang member was convicted of a violent felony after a trial in which these police officers testified. They send Sally on her way for her safety, call for back up and immediately break open the door and enter Unit #101. Once inside, they see a pile of guns and money on the kitchen counter, and three recognized MS-13 gang members, whom they pat frisk for weapons, arrest and handcuff immediately for possession and sale of illegal firearms. Once those persons are secured, officers search the rest of Unit #101 where they find an unknown male hiding in an upstairs closet and arrest him for the above charges as well. All phones found are tagged and placed with the guns and money to prevent the suspects from alerting other unknown suspects.

1. Please list the separate searches you have identified from this fact pattern.
2. Please list the separate seizures you have identified from this fact pattern.
3. Make an argument and support it for why the police were authorized to enter unit #101 without a warrant and make a counter argument as to why they were not authorized. Identify what probable cause existed or did not exist for the crimes the suspects were charged with.Police officers are undercover in an unmarked cruiser on a public street, doing surveillance of a suspected drug house located at Unit #101, United Street Apartments. The leased and only tenant of the apartment is Michelangelo Smith, who is unknown to the officers. Some of the persons the officers have witnessed come in and out of that unit are known by law enforcement as members of the MS-13 gang, widely known to be engaged in violent criminal activities that span large parts of the U.S. and other countries. Those officers see an individual personally known to them as Sally Smith enter Unit #101 with a small purse. Sally has a previous record of arrests and convictions for drug possession and sales, but has recently been on probation and in treatment with no reports of violations that the officers know of. Sally comes out five minutes later with a backpack, gets in her car and begins to drive away. Before Sally comes out of the building, Officers have already run her plates and find that her drivers license and registration are expired. Officers pull Sally over. When they do, Sally immediately blurts out that she doesn’t want to be found in violation of probation for driving without a license, and if they will let her go, she will testify about the dozen or so handguns that she saw laying on the kitchen counter near a large stack of money. The officers then see a person they have previously arrested during an MS-13 crackdown inside #101 watching them talk to Sally through an open window. This particular gang member was convicted of a violent felony after a trial in which these police officers testified. They send Sally on her way for her safety, call for back up and immediately break open the door and enter Unit #101. Once inside, they see a pile of guns and money on the kitchen counter, and three recognized MS-13 gang members, whom they pat frisk for weapons, arrest and handcuff immediately for possession and sale of illegal firearms. Once those persons are secured, officers search the rest of Unit #101 where they find an unknown male hiding in an upstairs closet and arrest him for the above charges as well. All phones found are tagged and placed with the guns and money to prevent the suspects from alerting other unknown suspects.
   1. Please list the separate searches you have identified from this fact pattern.
   2. Please list the separate seizures you have identified from this fact pattern.
   3. Make an argument and support it for why the police were authorized to enter unit #101 without a warrant and make a counter argument as to why they were not authorized. Identify what probable cause existed or did not exist for the crimes the suspects were charged with.