common-consent-law

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****** this is not a Essay so proper format is not required. just a clear understanding and through response to the matter is required******

Sheriff Joe went to the residence of Danny Defendant and Austin Accomplice to contact them regarding an unrelated police matter. Sheriff Joe was unable to contact these two at the house. A renter at the property told the Sheriff to look in the shed/garage to see if they were there.

As Sheriff Joe approached the garage, he heard loud music. Although Sheriff Joe knocked on the open garage door and identified himself, he heard no response. Sheriff Joe believed it might be difficult for someone inside the garage to hear him, so he entered the building through the open door.

Sheriff Joe went about half way into the garage. He was unable to find Danny and Austin, but he saw marijuana in a tray near the back of the garage. He could not see the tray from the threshold of the building. Sheriff Joe left the property and returned several days later with a search warrant and seized the marijuana.

Should Danny and Austin move to have the evidence of marijuana suppressed at a trial for possession of an illegal substance? If so, would they prevail? Explain.

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