Evidence Of The Challenge Slips Should Be Denied Because

1133 WordsFeb 4, 20165 Pages
I. The motion to suppress the evidence of the challenge slips should be denied because the inception of the search was justified. The inception of the search was justified so the motion to suppress the evidence should be denied. The Supreme Court declared inception is justified “when there are reasonable grounds for suspecting that the search will turn up evidence that the employees is guilty of work-related misconduct.” O’Conner v. Ortega, 480 U.S. 726 (1987). The burden of proof is upon the government by the preponderance of the evidence. In Gossmeyer v. McDonald, child protective lead investigator, Mary Dilworth, anonymously made contact with a detective from the Cook County Sheriffs Department. Gossmeyer v. McDonald, 128 F.3d 485 (7th Cir. 1997). She had informed him of her position of employment and that Gossmeyer had pictures of child pornography in her file cabinet at work. Id. The next day, Robert Farley, the detective, called Carla Hay, a supervisor at the Joliet office, and informed her to vacate all employees from the office so he could conduct an investigation. Id. The search consisted of them men looking through her desk, storage unit and filing cabinet, in which Hay did only had a key for the storage unit. Id. The court determined that the inception of the search was justified, with the requirements of it being met. Id. at 491. Although the tip received had been from an anonymous source, there were signs of sufficient reliability. Id. The source, later
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