An anonymous tipster called 911 stating that a man would be transporting a large amount of drugs in a backpack from one location to another.
An anonymous tipster called 911 stating that a man would be transporting a large amount of drugs in a backpack from one location to another. The tipster provided the man’s name, Aaron Franks, a physical description, the approximate time of the transaction, and the addresses of the start and end locations. The police went to the start location and observed Mr. Franks exit with a backpack. The officers tailed Mr. Franks, who drove to the second location named by the anonymous tipster. When Mr. Franks got out of his car, the officers ordered him to come over and speak with them, and Mr. Franks complied. The officers told him about the call and asked if they could search his backpack. Although the officers advised Mr. Franks that he could refuse the search, Franks agreed to let the officers look in his backpack, where they discovered drugs. The police arrested him for drug trafficking. Prior to trial, the defense filed a motion to suppress the drugs.
Determine whether the court would grant the motion to suppress the drugs by addressing the following issues:
1) Was Mr. Franks seized under the meaning of the fourth amendment?
2) Was Mr. Franks’ consent valid and voluntarily given?
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