Part III ( 40 points)
The following essay should be answered in blue books or typed.
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The San Francisco Police Department decided to establish a "good driver" program to encourage and reward good driving. The Department hoped the program would ultimately lead to reduced traffic injuries and fatalities.
Under the program, police officers were allowed to pull over "good drivers" and present them with "good driving awards." These awards could, in turn, be used to obtain discounts at co-operating San Francisco businesses.
Officers were only allowed to pull over cars displaying a Police Department "Good Driver" sticker (which could be obtained by motorists at police stations or at the participating businesses offering the discount promotion).
As a prank, several neighborhood children placed a "Good Driver" sticker on Lydia Smith's car. As Lydia was driving down Market Street in a very law-abiding and careful manner, she was pulled over by Officer Jones. As Officer Jones approached her door and said, "Congratulations, you are a good driver and are eligible for one of our good driver awards," he noticed a plastic bag of green leafy vegetable matter on the seat next to Lydia. Officer Jones, who had considerable drug detail experience, immediately recognized this to be marijuana. He reached in and seized the marijuana. He then ordered Lydia out of the car and placed her under arrest for possession of marijuana. (The baggie contained well in excess of an ounce of marijuana.)
As Officer Jones was escorting Lydia to his patrol car to take her to downtown, he asked, "Do you have any more dope in the car?" Lydia responded, "Yes, there's more in the trunk." Jones opened the trunk and found more than a kilo of marijuana in a plastic garbage bag. He seized this as well.
Lydia was charged the next day with felony possession of marijuana with intent to sell.
While waiting for trial, Lydia was transferred to a cell with Martha Willis. Martha was very talkative and soon struck up a friendship with Lydia. The two women often discussed their sadness and guilt at being separated from their families. What Lydia did not know was that Martha was an undercover agent wearing a microphone, which transmitted all conversation to law enforcement headquarters.
One day Martha began to discuss the details of the crime she (falsely) claimed had resulted in her arrest. She said, "I often think that if it hadn't been this, I would have been caught for something else I've done. I'm sure you know what I mean." Lydia responded with an incriminating statement about a methamphetamine laboratory she and her sister were setting up in Lake County.
Several days later the complaint against Lydia was amended to add a count of conspiracy to produce methamphetamine to the already existing marijuana charge.
Prior to trial, Lydia moves to suppress all evidence obtained in violation of her constitutional rights. Discuss which, if any, of the evidence is suppressible and why.