Criminal Procedure Issue Spotting Practice

On November 14, at 2:00 AM, Detective Vance obtained a warrant to search Dan’s single-family residence for a specific list of stolen high-end electronics. The warrant contained no provision authorizing a no-knock entry. Upon arrival, officers bypassed the front door, smashed a window, and entered the home without announcing their presence or purpose. Dan’s roommate, Lee, who was startled in the foyer, immediately stated, 'I do not care what you do, just do not hurt us; you can look anywhere you want,' before Vance displayed the warrant. During the sweep, officers entered an attached garage, pried open a padlocked heavy-duty toolbox, and discovered one kilogram of cocaine. Simultaneously, officers observed Dan’s vehicle parked in the driveway with a transparent backpack sitting on the passenger seat. Officers conducted a warrantless search of the entire interior of the car, discovering a concealed firearm inside the glove box. Dan now moves to suppress both the cocaine and the firearm, asserting the officers acted unlawfully during the nighttime entry and the subsequent searches of the garage and the vehicle.

Select all Fourth Amendment issues the court must resolve in determining whether the evidence seized from the garage and the vehicle should be suppressed.