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John Malone was an informant for the New Hartland Police Department, he told Det. Farrell that Mike Smith
was selling heroin from Smith’s apartment at 121 Main St., New Hartland.
Det. Farrell placed a recording device inside Malone’s shirt, and Malone then went to Smith’s apartment,
purchased heroin and turned the heroin and the recorder over to Det. Farrell.
Farrell used the evidence of the sale of heroin to obtain a search and seizure warrant for Smith’s apartment.
Upon executing the search and seizure warrant at Smith’s apartment, heroin was located and Smith was
Prior to trial Smith’s attorney filed a motion to suppress the heroin, claiming the police should have obtained a
warrant before allowing Malone to enter the apartment to purchase heroin from Smith.
Will the motion be successful?
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