Ricardo owns an art gallery in Annapolis. Unbeknownst to Ricardo, his business partner, John, is selling forged paintings from a small storage locker located in the backyard of the business. (Art forgery is usually charged as wire fraud under 18 USC 1343). The police use a drone to fly over the yard, which captures video of John selling the forged paintings. The police swarm the business and bust down the door. They begin searching the premises and find Johns forgeries. During the raid, the police also search Ricardos backpack and find illegal drugs. The police arrest both Ricardo and John.
- Is the police drone search lawful? Explain why or why not.
- Is the police search of Ricardos backpack lawful? Explain why or why not.
- May evidence of the drugs found in Ricardos backpack be used against him at trial? Explain why or why not.
