Question

2. Sam was illegally growing marijuana in his home using heat lamps. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they

used a thermal imager, an instrument that detects heat emissions, and determined that given the amount of emissions coming from Sam's house, he must be engaged in criminal marijuana cultivation. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to stay silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's court-appointed lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing. 2a. Identify any issues involving the actions of the police and judge. How should these issues be addressed by Sam's lawyer and how should they be resolved by a court? (25 points) 2b. What if Sam did not own the home that he was living in, and in fact, the home had beenabandoned before Sam broke in and established his growing operation? In what way, if any,does this change your answer to 2a? (10 points)

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