Officer Jones, in full uniform driving a marked police car, follows a motor vehi

Question

Officer Jones, in full uniform driving a marked police car, follows a motor vehicle operated by Smith because the vehicle has crossed the center line. Officer Jones stops the Jones vehicle for no other reason than crossing the center line, orders Smith to exit the vehicle and lie on his stomach between Smith’s car and Jones’ police car, and calls for assistance on the radio. When another officer arrives, Jones handcuffs Smith and pats him down. Jones feels a bag in Smith’s pocket, reaches in the pocket, and removes a bag of cocaine. Jones arrests Smith for possession of cocaine and Smith files a motion to suppress the cocaine. The judge should rule that the cocaine

a.should be admissible because it was found pursuant to a valid Terry stop- and- frisk.

b.should be excluded because Jones’ action toward Smith exceeded permissible conduct of a valid Terry stop- and- frisk.

c.should be admissible because it was found pursuant to a search incident to a valid arrest.

d.should be excluded because Jones’ needed a search warrant to search Smith.

Explanation / Answer

The judge should rule that the cocaine should be admissible because it was found pursuant to a search incident to a valid arrest. The officer was on duty and had the authority to search him. Though he stopped him for crossing the centre line still the judge should accept the cocaine and the incident is a valid arrest.

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