Legal Question in Legal Malpractice in California

Officer Barnies was the head of the Empire City Art Fraud Detection Bureau a division of the empire Police department. Baines had heard rumors that a citzen of empire Norma was forgiving and selling fake lithographs purporting to by a Salvador Dali. Baines knew that he did not have probale cause either to arrest Norma or to search her premises. Therefore Baines decide to see if a more consensual approach would work. He rang Norma's doorbell and when she answered said to her Ma'am we've heard that some fake Salvador Dali prints may be being madein your apartment May i have a look aroung Baines did not tell Norma that forging art prints was a crime and Norma belived that this was not a crime. So Norma responed sure officer. Baines at no time gave Norma Miranda warings or otherwise suggested to her that anything he might find could be used against her. Also Baines did not tell Norma that she had a right to consent and that if shr refused he would approved. Baines took a look around the apartment and immeadiately spotted a fake dali print being manufactured he left to get an arrest and search warrant then came back and sezied the fake print. At Norma's trail for forgery she moved to suppress all fruits of Baines intial search on the grounds that it violated the Fourth Admendment. should her motion be granted explain why.

Asked on 5/31/10, 12:31 pm

George Shers Law Offices of Georges H. Shers

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We do not have the time to answer law school questions; you have to do your homework by yourself, or else you will learn little.

Answered on 5/31/10, 3:52 pm

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