A Local Fire Department Is Dispatched to a Single-Wide Trailer

question 52

Essay

A local fire department is dispatched to a single-wide trailer fire in the outskirts of the county. After extinguishing the flames, the firefighters discover the remains of a female lying in the burnt remnants of the bed in the master bedroom. The body had suffered such intense heat the chest cavity had burst open. The body remains were transported to the local coroner who performs an autopsy to confirm the reason for death and discovers a spent bullet lodged in the ribcage of the body. The coroner notifies the county sheriff's office of the discovery and suggests that the scene of the fire should be treated as a crime scene. The coroner transports the spent bullet to the sheriff's office along with a forensic report containing information that confirms the bullet was discovered in the body of the female victim. Subsequent investigation provides evidence that the victim's husband had hired another man to kill the victim in a manner that would make the crime appear to be an accident. Both suspects are tried and convicted of First Degree murder. The husband's attorney files for an appeal based on illegal search and seizure, alleging that the bullet discovered in the body was seized without a warrant and subsequent to the initial investigation. What decision should the appellate court develop? Does any existing case law substantiate your decision?

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Definitions:

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