Grossmont Community College Criminal Investiation Law Questions

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Jeremy, James, and Richard were on a road trip to Colorado during their spring vacation. A cop car pulled up next to their vehicle while on the highway, looked in their car, and pulled them over. The cop went up to the driver’s window and asked for license and registration. The cop asked about their trip and where they were going. The cop explained that he pulled over the vehicle because the license plate cover was covering a part of the license plate, which is against Minnesota law. At this point Jeremy, the driver, was asked to view the license plate with the cop to verify the reason for being pulled over. The cop asked Jeremy, “Do you have drugs on you?” and Jeremy replied “no.” The cop informed Jeremy that he can have a dog here to sniff the car within minutes, and then repeated his question: “Do you have any drugs on you?” Jeremy then replied reluctantly, “yes.” The cop then ordered everyone out of the car. The drug dog inspected the vehicle and indicated that there were drugs in a closed backpack in the passenger seat of the car. The cop opened the backpack and seized the drugs.

a. What standard of proof was needed to order the occupants out of the vehicle? Was this standard met?

b. What standard of proof was needed to search the vehicle with the drug dog? Was this standard of proof met?

c. What standard of proof was needed to search the inside contents of the sealed back pack? Was this standard of proof met?

d. Considering all of the circumstances of this case, was this a legal search and seizure?

e. Do you believe law enforcement officers will violate Fourth Amendment rights in furtherance of an arrest? Are there circumstances that justify this? Explain your answer