Tuesday, December 20, 2011

A police officer observed Zero standing in an alley behind the shop. It was?

Zero planned to burglarize a local audio/video dealer. On the night he intended to commit the burglary, a police officer observed Zero standing in an alley behind the shop. It was 11:50 P.M., June, and Zero was wearing a pair of jeans, tennis shoes and a shirt. After about five minutes, the officer approached Zero and asked Zero what he was doing in the alley at such a late hour. Zero told the officer that he lived only a few blocks away, was suffering from insomnia, and had decided to take a walk. Zero produced identification that confirmed he lived a short distance from the store. The officer then grabbed Zero, swung him around, and pushed Zero against the wall of the store. the officer then proceeded to frisk Zero. After feeling a hard object in Zero's back pocket, the officer reached in and discovered a small 3" X 3" container full of locksmith tools. the officer arrested Zero for possession of burglary tools and conducted a search incident to arrest. During that search, the officer discovered a diagram of the audio/video store hidden in Zero's pants. Zero was subsequently charged with attempted burglary and possession of burglary tools. Zero has filed a motion to suppress the tools and diagram, as well as a motion to dismiss. Discuss whether or not the motions should be granted.

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