A police officer on night patrol saw a car parked off a dirt road in an area

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A police officer on night patrol saw a car parked off a dirt road in an area known to be a “lovers’ lane.” As his cruiser approached the car, he observed a male and a female sitting inside. He noticed the male occupant make a movement that the officer interpreted as an attempt to hide something under the seat. The officer approached the vehicle and directed the occupants to get out. As they did, he observed a marijuana “roach” in the open ashtray. The officer then reached under the front seat and retrieved a small quantity of marijuana. The officer placed both individuals under arrest. In court, the officer admitted that he was not concerned for his safety but simply had a “hunch” that the couple could be “doing drugs.” Did the officer make a legal arrest? Why or why not?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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