Reference no: EM133877004
Discussion - Traffic Stop
Investigators need to have a firm understanding of the laws and restrictions that are placed on them regarding searches, as they will routinely have to conduct searches on crime scenes, suspects, dead bodies, vehicles, hotel rooms, apartments, homes and offices.
On routine patrol, Ms. Garcia, a patrol officer, stops a vehicle for a traffic offense. The vehicle was traveling at a speed of 45 mph in a 35 mph zone. When she approaches the vehicle, she observes hypodermic needles in plain view on the passenger seat. Only one person is occupying the vehicle. Officer Garcia checks the vehicle's registration, and the report indicates that the registered owner has prior drug convictions. Furthermore, the occupant of the vehicle is identified as the registered owner.
You are Officer Garcia. You explain to the driver why he was stopped, and then question him about the hypodermic needles that you observed. The driver refuses to respond. You believe searching the vehicle will uncover evidence of criminal activity.
How will you proceed? What is the amendment in the US Constitution that forbids unreasonable searches?
Courts may not accept evidence obtained by unreasonable search and seizure, regardless of its relevance to a case. This idea is based on what doctrine?