Criminal Procedure

Primary Discussion Response is due by Wednesday (11:59:59pm Central), Peer Responses are due by Sunday (11:59:59pm Central).

While on routine patrol, you notice a car with two people 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. Based on your readings in the text and your research on the Internet, answer the following questions:

Primary Task Response: Within the Discussion Board area, write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas:

• 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.