Case Analysis : Officer Edwards 's Searches, If Any, And Note Which May Survive Constitutional Challenge

1762 Words Dec 13th, 2016 8 Pages
1. Analyze Officer Edwards 's searches, if any, and note which may survive constitutional challenge.

Officer Edward and Officer Casey are set up a road block to catch drunk drivers, during this roadblock they stop a blue minivan. This action in itself would withstand a constitutional challenge since roadblocks such as these are allowed in most states. The length of time officer Edwards interrogates Jane might be questionable. Considering that he notes no signs of intoxication of any passengers after a minute or so, it could be seen as unreasonable that he would hold her for another three minutes to interrogated her about where she was coming from and going. Therefore this specific stop might not survive a constitutional challenge.
Officer Edwards then asks the passengers to exit their vehicle. Without probable cause the passengers would not have to agree to it. However, if Officer Edwards would be able to articulate his suspicions and give a reasonable explanation for as to why he believed to have had probable cause, that went beyond them looking nervous and ill-at-ease, this action might withstand constitutional challenge. The same would apply if the passengers agreed to leave their vehicle and did so voluntarily. If however, the passengers refused and Officer Edwards did not have probable cause to justify making them leave the car this action would most likely not withstand a constitutional challenge.
The next search that Officer Edwards conducts is a pat-down search…

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