Criminal Procedure: Testing for Controlled Substances
inside parked behind a business that has closed for the evening. You have
recognized this to be a high-crime area that has had several burglaries
recently. As you pull behind the car, you shine your spotlight on the vehicle
and notice the passenger in the front seat leaning down between the seats. You
order the individuals out of the car and place them both in handcuffs for
protection. After frisking them for weapons, you approach the passenger side of
the vehicle and notice a six-pack of beer on the front floorboard. As you move the
carton, you find a small container of what appears to be a controlled
substance. You conduct a preliminary field test, and the substance tests
positive for cocaine.
– Did you have probable cause to seize the cocaine? Why or
why not?
– Does the plain view doctrine apply in this case? Why or
why not?
– What responsibility, if any, does the driver have as it
relates to the seized evidence? Explain.
– In your own words, explain the concept of exigent
circumstances.
– In your own words, explain an officer’s need to obtain a
search warrant to perform a search.
– What is the controlling constitutional issue involved in
this scenario, and how does it apply? Explain.
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