CASE STUDY WEEK 1
SEARCH AND SEIZURE CASE STUDY 1
Facts: On September 15, 2011, at around 1PM, an officer on routine patrol observed a maroon Chrysler 300 make an improper left-hand turn. The officer also observed that the windows on the vehicle appeared to have an illegal tint. The officer ran the registration on the vehicle and it came back to an older female owner, but the officer observed that a young male was driving the vehicle. The driver then pulled into a car wash and the officer activated his overhead lights and made a traffic stop. When he approached the vehicle he noticed the driver’s hands were trembling when he handed the officer his driver’s license that he was sweating profusely and breathing rapidly. The officer returned to his vehicle after making this initial contact to write a traffic citation. The officer also requested a canine unit to be brought on scene.
A second officer arrived on scene and also observed that the tint on the windows appeared to be over the legal limit. He used the tint meter and confirmed that it was over the legal limit so an additional illegal tint charge was added to the ticket. While this was being completed a third officer arrived on scene with a K9 unit. The third officer with the K9 unit performed a free air search around the driver’s vehicle and “alerted” to the odor of narcotics by sitting down next to the vehicle. The original officer who made the stop then completed a search of the interior of the vehicle and discovered the following items:
Baggie containing marijuana under driver’s seat
Baggie containing several pieces of heroin under driver’s seat
Digital scale in map pocket behind front passenger’s seat
Razor blade in map pocket behind front passenger’s seat
The driver was then arrested and placed in police custody.
SOME QUESTIONS FOR CONSIDERATION
What happened in this case?Who are the parties?What facts are important? Unimportant?Is any significant information missing?Why did the people involved act the way they did? What are the applicable standards for the search and seizure here? Are there safety considerations here?Are there any potential issues with the search and seizure? ? If so, what and what is the result of those issues to the case?What evidence was found and how is it pertinent to the case?
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