FourthAmendment DueProcess FifthAmendment CriminalProcedure Privacy
Whether the warrantless search of Stoermer's apartment was justified despite the lack of exigent circumstances
QUESTION PRESENTED Casey Stoermer lived in a separate apartment connected to the home of Aaron Smith. On the morning of June 21, 2016, law enforcement officers went to Smith’s home to arrest Smith. Officers went into Stoermer’s private apartment under the guise of looking for him so he could care for Smith’s two children. Illegal drugs were discovered. Officers then obtained a search warrant for the house. Instead of confining the search to the area described in the warrant and supporting affidavit, they also searched a car parked out in the open on a driveway, off the street. Inside the car, more drugs, of type found in the apartment, were found. The drugs were treated as separate amounts, and Stoermer was sentenced consecutively regarding both amounts. From this set of facts, this case presents the following questions: 1) Whether the warrantless search of Stoermer’s apartment was justified despite the lack of exigent circumstances. 2) Whether the search of the car that was not mentioned in either the warrant or the supporting affidavit was justified. 3) Whether the failure to merge the two amounts of drugs for sentencing purposes was justified. i