Sierra Fischer
Exam 3 Answer
According to the Fourth Amendment, an officer must have probable cause or a reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause. In this instance, it is constitutional for the officer to ask the four men to step out of the car, seize them, and search them. A car is considered public in that it can travel from jurisdiction to jurisdiction and therefore there is …show more content…
However if the officer had pulled these individuals over soley based on the color of their skin, he would not be able to search and seize the individuals. The fourth amendment forbids an officer to search and seize soley on the basis of race, and if the officer had racially profiled the individuals then they could have filed a motion to suppress. However, the officer acted within the scope of the seizure by having legitimate interest and suspicions.
The Fourth Amendment clearly states that an officer may search the person arrested, those in plain view of the officer and the accused, and things or places that the acussed person can touch, or that is otherwise in their immediate personal control without a warrant as long as there is legitimate reasoning and it is not an unreasonable search. Since there was reasonable suspicion based on the taillight outage, tinted windows, and the smell of marijunana, the officer has grounds for search and
Exam 3 Answer
According to the Fourth Amendment, an officer must have probable cause or a reasonable suspicion that a crime has been committed in order to search and seize an individual. Speeding, as well as having tinted windows and a taillight being out is enough reasonable suspicicion to pull Lil Flet over and inspect the car. As breaking the law gives an officer a reasonable belief that there may be evidence of a crime located within the vehicle. Additionally, identifying the smell of a drug is enough grounds for a search as it gives the officer probable cause. In this instance, it is constitutional for the officer to ask the four men to step out of the car, seize them, and search them. A car is considered public in that it can travel from jurisdiction to jurisdiction and therefore there is …show more content…
However if the officer had pulled these individuals over soley based on the color of their skin, he would not be able to search and seize the individuals. The fourth amendment forbids an officer to search and seize soley on the basis of race, and if the officer had racially profiled the individuals then they could have filed a motion to suppress. However, the officer acted within the scope of the seizure by having legitimate interest and suspicions.
The Fourth Amendment clearly states that an officer may search the person arrested, those in plain view of the officer and the accused, and things or places that the acussed person can touch, or that is otherwise in their immediate personal control without a warrant as long as there is legitimate reasoning and it is not an unreasonable search. Since there was reasonable suspicion based on the taillight outage, tinted windows, and the smell of marijunana, the officer has grounds for search and