A police officer acting on an anonymous tip entered a home without a warrant and without the consent of the homeowner. Upon entering, the officer observed narcotics in plain view on the kitchen counter and seized them. The homeowner was subsequently charged with possession of narcotics. The homeowner moves to suppress the evidence, arguing it was obtained in violation of their constitutional rights. How should the court rule?
The evidence should be suppressed if the homeowner expressly objected to the entry when the officer arrived.
The evidence should not be suppressed because narcotics were in plain view on the kitchen counter.
The evidence should be suppressed because the search violated the Fourth Amendment's warrant requirement.
The evidence should not be suppressed because the officer was acting on an anonymous tip.
The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures and generally requires a warrant issued by a neutral magistrate based on probable cause for a search to be lawful. In the absence of consent, exigent circumstances, or another recognized exception to the warrant requirement, a search of a home is not valid. In this case, the police officer acted solely on an anonymous tip and entered the home without a warrant or the homeowner's consent. There are no facts suggesting exigent circumstances, consent, or any other exception, making the evidence inadmissible. Although narcotics were in plain view, the plain view doctrine is inapplicable because the initial search was unconstitutional. Other answers are incorrect because they either ignore the Fourth Amendment's requirements or misinterpret the legal principles involved. For example, the option referencing whether the homeowner expressly objected is legally irrelevant as a warrantless entry into a home is presumptively unconstitutional unless there is an applicable legal exception.
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