Case 11.1 Janet is a successful Colorado entrepreneur and has recently decided to open a recreational marijuana sales business in Denver, “High and Mighty.” The state and county require operators of such businesses to acquire a license, hold a public meeting coordinated with the local and state license board, and other special procedures for this new and highly regulated enterprise.  One holiday weekend, Detective Jones stops in and informs Janet that he is conducting a surprise inspection of the business to determine if Janet is complying with state record-keeping laws and other rules ensuring that minors are not being permitted to purchase the recreational marijuana. Janet has never been the subject of such a search and is concerned the detective’s presence will scare away customers. There are 20 customers in line, waiting to purchase recreational marijuana. Detective Jones enters the store over Janet’s objection and despite her request that he produce a search warrant.  He enters her office and reviews her paperwork relevant to state record-keeping laws. He notes several irregularities and documents them. When Detective Jones returns to the sales area, he finds that Janet and her staff have continued to serve customers while he was in the office. Detective Jones checks the ID of several people who have made purchases and finds that two of them are under age under state law to purchase marijuana. While Detective Jones is checking IDs, one of the patrons (Bobby) waiting to buy marijuana says, “Man, I can’t believe this guy is giving us such a hard time. What a bummer!” Detective Jones directs this man to empty his pockets on a nearby table and finds he has cocaine.  Detective Jones arrests Bobby for possession of cocaine, cites Janet for violating state law for poor record-keeping and charges her with providing marijuana to underage patrons.Did the search of Janet’s business records meet the three requirements for authorizing inspections without search warrants of closely regulated businesses as established by the U.S. Supreme Court in New York v Burger?

While incarcerated, prison and jail inmates have reduced Fourth Amendment protection as compared to those of persons outside the institution.

If a suspect is taken into custody but not questioned, they still have a constitutional right to Miranda warnings.

Sham roadblocks have been held to be _____.

The Fourth Amendment applies to voluntary encounters.

Miranda warnings are not required when a person who is not in custody volunteers information.​

Terry stops are authorized only on probable cause.

DNA evidence was first admitted in U.S. Courts in criminal cases in the 1960s.

Federal law authorizes the use of “roving wiretaps” to cover suspects who use a series of different telephones.

Case 14.3 ​Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat.  The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.The illegal weapon found in the vehicle is: