Discuss the legal principles that would apply to this motion to suppress and how the court should rule.?

On March 31, 2004, around 1300 hours, Officer Ferguson of the Franklin Police Department was dispatched to 100 Prince Royal Lane, Apartment #1404, the residence of the defendant Kevin Taylor ("Taylor"). Upon arriving at the residence, Officer Ferguson met Katie, the seventeen year old daughter of Taylor, outside of the apartment.


Katie informed Officer Ferguson that Taylor woke her up around noon and was mad because she had not cleaned her room. Taylor beat Katie with a belt and a shoe. Officer Ferguson observed that Katie had several areas where the skin was broken on her arms. Officer Ferguson contacted Detective Ronran, of the Criminal Investigations Division, for assistance and to take photographs of Katie.





While waiting for Detective Ronran to arrive, Katie walked into the apartment and returned with three pictures. Katie stated: "This is what my father does, praise his money." The pictures depicted cash, apparently stacks of $100's, $50's, $10's and $5's, spread out on a bed. Officer Ferguson asked Katie what her father did for a living and she replied that she didn't know.





Detective Ronran arrived and found Officer Ferguson and two other officers standing outside the apartment with Katie. Detective Ronran asked Katie if he could photograph her injuries and if they could go inside the apartment to take the photographs. Katie said that her father had left yet the officers sensed that she seemed hesitant when the officers asked to go in the apartment to take photographs of her injuries. Detective Ronran specifically asked Katie if her father was still there. Katie stated that he was not. When asked, however, "what did her father leave in?" Katie stated she did not know. When asked what her father was driving early that day, she again stated that she did not know. Katie stated that she was afraid of her father and appeared to be protecting him from the police lest he cause her more harm. Upon the officer's urging, Katie opened the door of the apartment and Detective Ronran looked for a suitable location to take the photographs.





Detective Ronran noticed on Katie's body welts that were obviously the result of a recent assault. The marks on her body had a pattern to them and Officer Tyran asked with what was she hit. Katie replied that she had been hit with a belt and possibly the buckle as well as a shoe. Detective Ronran attempted several times to take a photograph with a digital camera but was unable to do so because of a camera and disk malfunction.





Officer Ferguson spoke to Katie about the belt and shoe and Katie went to the master bedroom, opened the bedroom door and went inside. Officer Ferguson followed and Katie gathered up two belts and a sandle that were on the floor and placed them on the bed. Detective Ronran followed to get a better look at the items.





While inside the bedroom, Detective Ronran noticed that the closet and bathroom doors were closed. Detective Ronran believed "that it was in his best interest for [his] protection and the protection of others that these two areas behind the doors were cleared and safe. [His] concern for his safety was heighten[ed] after learning that Katie was evasive in giving information about her father's whereabouts."





In his report, Detective Tyran wrote the following:





I opened the closet door and checked the immediate visible area. I then checked behind the open door and noticed on the floor two cases of ammunition and one green metal army ammo case. I scanned back across the closet and noticed in the back left corner a black duffle bag that was standing upright and partially open.





When I focused my vision on the opening of the bag, I observed what appeared to be the front sights of rifles. These sights were not the standard beaded post sights, but sights that were common on known assault rifles. From where I was standing I could not tell if they were real or if they were toys. I moved into the closet and got a closer look into the bag through the opening. At this time, I observed metal barrels, wooden stocks and "banana" style magazines. I felt confident that the weapons were real. I left the items as I found them and went to secure the bathroom.





It appeared that after I had opened the closet door, Katie left the room as if we were going to find something or someone.





Upon finding these items, Detective Ronran informed all present of the items and announced that he needed to call a supervisor because of the seriousness of the situation.





Captain Merriman arrived and decided that the weapons be removed from the residence. Also, the officers determined that Taylor had been previously convicted of a misdemeanor involving domestic violence and was in illegal possession of the firearms as a prohibited person under Title 18, United States Code, Section 922(g)(9).





Prior to trial, the defense counsel for Taylor moved to suppress the firearms and ammunition that were seized from his apartment. Discuss the legal principles that would apply to this motion to suppress and how the court should rule.

Discuss the legal principles that would apply to this motion to suppress and how the court should rule.?
check the other EXACT SAME QUESTION
Reply:Two words:





Presumptive testing.





Seriously.
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