Tommy Transmitter planned to burglarize a local audio/video dealer. On the night
ID: 1837924 • Letter: T
Question
Tommy Transmitter planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, Tommy was observed standing in an alley behind the shop by a police officer. It was 11:50 p.m. on a June evening, and Tommy was wearing a pair of jeans, tennis shoes, and a shirt. After 5 minutes, the officer approached Tommy and asked him "what he was doing in the alley at such a late hour." Tommy responded that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. He produced identification that confirmed that he lived a short distance from the store. The officer then grabbed Tommy, swung him around, and pushed him against the wall of the store, and "frisked him." After feeling a hard object in Tommy's back pocket, the officer reached in and discovered a small 3x3-inch container full of locksmith tools. He then arrested Tommy for possession of burglary tools and conducted a search incident to arrest. During that search, he discovered a diagram of the audio/video store hidden in Tommy's pants. Tommy was subsequently charged with attempted burglary and possession of burglary tools. He has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Should the motions be granted? Discuss.
Explanation / Answer
The motions should be granted. Common sense tells a person that the officer should obtain a search warrant first before arresting that person.