Question

Jake and Mary are married and own their home. The police come to the house and ask for permission to search the house for drugs. Jake gives his consent to the search, but Mary says no because she has hidden some drugs in the kitchen. The police come in and search, over Mary's objection, since Jake said it was okay. They find Mary's drugs. Which of the following is legally correct in the ensuing trial?
a. The drugs can be used at Mary's trial because the police had Jake's consent to search the house.
b. The drugs can be used at Mary's trial because the exclusionary rule does not apply in drug cases.
c. The drugs cannot be used at Mary's trial because the police violated the plain-view doctrine.
d. The drugs cannot be used at Mary's trial because she did not consent to the search.

Answer

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