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Sally York, Who Was a Passenger on the Same Flight

Question 14

Multiple Choice

Sally York, who was a passenger on the same flight as Mary Wanna, accidentally picked up Mary Wanna's suitcase, thinking it was her own. She opened it up when she got home, saw a firearm resting on top of bundles of $100 bills, immediately closed the suitcase, took it to police headquarters, and told Detective Jacobs what she had seen. Detective Jacobs reopened the suitcase, took out and examined the firearm and money, and then removed the lining, under which he found a bag containing 20 grams of cocaine. Mary has been prosecuted for possession of an unregistered firearm, possession of cocaine, and trafficking in drugs. She has moved to suppress the evidence, claiming that her Fourth Amendment rights were violated. Which of the following acts constituted a search within the meaning of the Fourth Amendment?


A) Sally York's act of opening Mary Wanna's suitcase and examining the contents.
B) Detective Jacobs' act of opening of Mary Wanna's suitcase and re-examining the contents.
C) Detective Jacobs' act of removing the suitcase lining.
D) All of the above acts.

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