Are exigent circumstances and probable cause sufficient

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Reference no: EM133923698

Question

Searches Based on Probable Cause

1. Are exigent circumstances and probable cause sufficient for the officer to search the vehicle without a warrant or their consent? If you believe not, how do you propose an individual be handled while a warrant is being sought from a judge?

2. Assume the officer asks the vehicle's driver for permission to search the vehicle, and consent is given; what is the officer's next move? Instead, assume the driver of the vehicle refuses to give the officer permission to search the vehicle; what action(s) can/do you believe the officer then legally take?

3. Assume the officer, with or without a warrant, locates the stolen stereo equipment inside the vehicle under the driver's seat; can the officer then arrest only the vehicle's driver, or should all other occupants be arrested as well? Why or why not?

4. Following the arrest of one or more of the occupants, can they then be searched? Why or why not?

5. What other issues (e.g., his/her safety) arise for the officer once an arrest is made of one or more of the occupants?

Reference no: EM133923698

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