Can a smart PO answer this ?

[Charlie 1]

Officer Bird was patrolling downtown Center City late Saturday night. Primarily, she was on the lookout for drunk drivers after the bars closed, but violent incidents were on the rise in the area, so she was also looking for suspicious activity. She had just pulled over across the street from the Central Pub when a red sports car went speeding by. Officer Bird turned on her siren and pursued the sports car. The car pulled over, and Officer Bird approached the vehicle. When she got to the door, she noticed the driver shoving something under the front seat. She rapped on the window, and the driver, visibly angry, rolled it down.
“What?” he said.
 Officer Bird told him to step out of the vehicle. The driver slammed the door and stepped toward Officer Bird. She then ordered him to turn around and place his hands on the roof of the vehicle. The man swore, but he complied. Officer Bird did a weapons pat-down and did not find a weapon.
“OK, Sir, now I need to see some identification.” When the man handed over his license, she saw that his name was Alejandro Quintana. Before running his license, she shined her flashlight in the sports car. Sticking out from under the front seat, she saw a revolver. She seized it. In addition, she also saw a small bag containing a white powdery substance next to the revolver. She seized that as well.
“You should see what’s in the trunk,” Quintana said menacingly.
 Officer Bird just placed Quintana under arrest, and did not check out the trunk.

What are the grounds for a lawful vehicle search after a traffic stop?

What Supreme Court decision(s) governs this activity?

Did Officer Bird’s actions (search and arrest) satisfy the constitutional requirement(s)?

Could Officer Bird have legally searched the trunk? Why or why not?

[Unregistered]

A.D.D. Prevents me from reading this. I wish Officer Bird the best of luck.

[Unregistered]

Officer Bird was patrolling downtown Center City late Saturday night. Primarily, she was on the lookout for drunk drivers after the bars closed, but violent incidents were on the rise in the area, so she was also looking for suspicious activity. She had just pulled over across the street from the Central Pub when a red sports car went speeding by. Officer Bird turned on her siren and pursued the sports car. The car pulled over, and Officer Bird approached the vehicle. When she got to the door, she noticed the driver shoving something under the front seat. She rapped on the window, and the driver, visibly angry, rolled it down.
“What?” he said.
 Officer Bird told him to step out of the vehicle. The driver slammed the door and stepped toward Officer Bird. She then ordered him to turn around and place his hands on the roof of the vehicle. The man swore, but he complied. Officer Bird did a weapons pat-down and did not find a weapon.
“OK, Sir, now I need to see some identification.” When the man handed over his license, she saw that his name was Alejandro Quintana. Before running his license, she shined her flashlight in the sports car. Sticking out from under the front seat, she saw a revolver. She seized it. In addition, she also saw a small bag containing a white powdery substance next to the revolver. She seized that as well.
“You should see what’s in the trunk,” Quintana said menacingly.
 Officer Bird just placed Quintana under arrest, and did not check out the trunk.

What are the grounds for a lawful vehicle search after a traffic stop?

What Supreme Court decision(s) governs this activity?

Did Officer Bird’s actions (search and arrest) satisfy the constitutional requirement(s)?

Could Officer Bird have legally searched the trunk? Why or why not?

Off. Bird can inventory the contents of the vehicle to include the trunk. If you think there is something really crazy in there get a search warrant and call it all legal.

[Unregistered]

listen buddy, your stupid tricks wont work here. Based solely on the information you provided, that arrest is totally illegal and any contraband found in the trunk or anywhere else would be suppressed as unlawfully obtained in violation of the 4th Amendment. Any rookie on his first day out of the academy would know this.

Until you check whether the driver is legally in possession of the firearm and/or until you test what the "white powdery substance" is, you have no legal basis to arrest anyone.

Nice try though. Next time get the advanced quiz book, we pretty much got the basics.

[Unregistered]

listen buddy, your stupid tricks wont work here. Based solely on the information you provided, that arrest is totally illegal and any contraband found in the trunk or anywhere else would be suppressed as unlawfully obtained in violation of the 4th Amendment. Any rookie on his first day out of the academy would know this.

Until you check whether the driver is legally in possession of the firearm and/or until you test what the "white powdery substance" is, you have no legal basis to arrest anyone.

Nice try though. Next time get the advanced quiz book, we pretty much got the basics.

Off. Bird stopped the vehicle legally, off.bird observed the driver concealing something under the seat and his behavior supported the idea he was concealing something and possibly under the influence (cause only an idiot who's under the influence ,with some exception,would act like an A-hole when stopped by an officer). You can legally ask someone to step out of the vehicle. Since off.bird is alone at the time she can pat him down for officer safety. In plain view, mean out in the open not inside a closed compartment, she observed a revolver and a baggy contained possibly some cocaine can be seized! You can do a inventory of the vehicle for a tow at the driver is being arrested and during that "inventory" search you can legally seized what's in there. If you want to play it even safer just for trial purposes, you can ask for a warrant but what do you think is in there...a body or a brick of cocaine? Up to you.

[Unregistered]

Off. Bird stopped the vehicle legally, off.bird observed the driver concealing something under the seat and his behavior supported the idea he was concealing something and possibly under the influence (cause only an idiot who's under the influence ,with some exception,would act like an A-hole when stopped by an officer). You can legally ask someone to step out of the vehicle. Since off.bird is alone at the time she can pat him down for officer safety. In plain view, mean out in the open not inside a closed compartment, she observed a revolver and a baggy contained possibly some cocaine can be seized! You can do a inventory of the vehicle for a tow at the driver is being arrested and during that "inventory" search you can legally seized what's in there. If you want to play it even safer just for trial purposes, you can ask for a warrant but what do you think is in there...a body or a brick of cocaine? Up to you.

Guy has a concealed weapons permit and the baggie is powdered sugar. What did you arrest him for genius?

[Unregistered]

Guy has a concealed weapons permit and the baggie is powdered sugar. What did you arrest him for genius?

Um, he was a ******?

[Unregistered]

Guy has a concealed weapons permit and the baggie is powdered sugar. What did you arrest him for genius?

Um, he was a nagger?

[Unregistered]

The defendant gave consent to search when he said, "You should see what's in the trunk."

[Unregistered]

Officer Bird was patrolling downtown Center City late Saturday night. Primarily, she was on the lookout for drunk drivers after the bars closed, but violent incidents were on the rise in the area, so she was also looking for suspicious activity. She had just pulled over across the street from the Central Pub when a red sports car went speeding by. Officer Bird turned on her siren and pursued the sports car. The car pulled over, and Officer Bird approached the vehicle. When she got to the door, she noticed the driver shoving something under the front seat. She rapped on the window, and the driver, visibly angry, rolled it down.
“What?” he said.
 Officer Bird told him to step out of the vehicle. The driver slammed the door and stepped toward Officer Bird. She then ordered him to turn around and place his hands on the roof of the vehicle. The man swore, but he complied. Officer Bird did a weapons pat-down and did not find a weapon.
“OK, Sir, now I need to see some identification.” When the man handed over his license, she saw that his name was Alejandro Quintana. Before running his license, she shined her flashlight in the sports car. Sticking out from under the front seat, she saw a revolver. She seized it. In addition, she also saw a small bag containing a white powdery substance next to the revolver. She seized that as well.
“You should see what’s in the trunk,” Quintana said menacingly.
 Officer Bird just placed Quintana under arrest, and did not check out the trunk.

What are the grounds for a lawful vehicle search after a traffic stop?

What Supreme Court decision(s) governs this activity?

Did Officer Bird’s actions (search and arrest) satisfy the constitutional requirement(s)?

Could Officer Bird have legally searched the trunk? Why or why not?

Capt HD has been reading this is week and is still confused.