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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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In a state detention facility, Warden Alvarez orders a routine search of detainee Jose Santos’s cell after a guard reports possible concealment of contraband. Without obtaining a warrant, three guards conduct a search of Santos’s cell and his person, using a handheld metal detector and flashlight checks, and they discover a folded paper containing a white powder. Santos protests that the search violated his privacy and that the search of his person was unlawful. (a) Identify the controlling doctrine governing warrantless searches in state detention facilities and the justification for such searches. (b) Distinguish this doctrine from the ordinary warrant requirement applicable to private premises. (c) Apply the doctrine to the facts: was the search reasonable; is the evidence admissible; what remedies, if any, are available to Santos?

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