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Fourth Amendment: Automobile Exception
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This question should be answered in CREA format (Conclusion, Rule, Explanation, Application).
Rafael Guzman was an undercover agent for the United States Drug Enforcement Agency (“DEA”). He had infiltrated an international drug cartel in Juarez, Mexico. Through his position in the cartel, Rafael sometimes learned the details surrounding a shipment of illegal drugs to the United States. When that occurred, Rafael would notify the appropriate DEA agents in the United States. In August 1999, Guzman informed the DEA that a large amount of cocaine was being mailed from Mexico City to Ms. Mary Ash in Topeka, Kansas. The cocaine would be mailed in a large box, wrapped in bright-colored, festive paper with “Happy Birthday, Mary” printed in large letters on the package. Guzman further informed the DEA that Mary was not the purchaser of the cocaine, but was only acting as an intermediary. The cocaine would be picked up within a few days by the buyer, a businessman from Des Moines, Iowa.
The DEA immediately placed Mary’s house under surveillance. In a few days, a large box wrapped in bright-colored paper was delivered by the post office. The DEA did not make an arrest, but kept the house under surveillance. Two days later, a well-dressed man driving a car with Iowa plates arrived at Mary’s home. He entered the house and, within an hour, he came out carrying what appeared to be the same box. The suspect placed the box in the trunk of his car and drove off. Two blocks later, acting without a warrant, the car was stopped, the suspect arrested, and the DEA agents searched the entire vehicle. The DEA agents found two kilos of cocaine in the back seat of the car.
The suspect, identified as Donald Dawson of Des Moines, Iowa, was charged with trafficking and possession of cocaine.
At a preliminary hearing, Dawson moved to suppress the evidence of the cocaine The motion should be:
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Consider the location where the cocaine was seized by the DEA agents. What is the standard of proof needed to search an automobile?
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