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Officer Allen Obtained a Search Warrant for Dan's Apartment After

Question 17

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Officer Allen obtained a search warrant for Dan's apartment after he arrested him for possession of stolen televisions. He obtained a key from the apartment building's manager. Officer Allen knew that Dan was in jail, so he let himself in with the key and did not knock. As soon as he was in the door he checked all the rooms to make sure no one would ambush him. While doing so, he found an illegal assault rifle in the back of a clothes closet in Dan's bedroom. He spent an hour searching the small apartment. He did not find any stolen televisions, but he did find counterfeit $20 bills in a wallet on top of Dan's dresser. Will the illegal assault rifle be admissible because it was found during a protective sweep?


A) Yes, Officer Allen automatically had the right to seize illegal weapons.
B) Yes, Officer Allen automatically had the right to search the immediate area for someone who might ambush him.
C) No, a protective sweep may be done for Officer Allen's safety, but he is not allowed to seize evidence when doing so.
D) No, there was no right to do a protective sweep because Officer Allen knew that Dan was in jail.

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