Thursday, July 15, 2010

Two lawyers share office space on the 25th floor of a building, but are otherwise independent practitioners. The lawyers each have a secretary that works in a common reception room. Each lawyer has his own private office. A window washer employed by the building management, is on a scaffold washing the window of a private office and sees a marijuana plant growing. During his lunch break, he tells the officer about the marijuana plant and brings him up on the scaffold to look at it through the office window. After observing the plant, the officer goes to the offices and asks the first secretary, who was alone on the premises, if he might take a look in the other law firm’s office. She permits him to do so; he seizes the marijuana plant, and charges the second law firm with illegal possession of marijuana. Prior to trial, the other law firm brings a motion to suppress.

The judge should:

A. Grant the motion because the officer did not have a search warrant.

B. Grant the motion because the officer’s conduct violated Westlaw’s right of privacy.

C. Deny the motion because the plant was in plain view.

D. Deny the motion because there was consent to the search.

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