Police officer Hughes, from Council Bluffs, Iowa, saw 28-year-old Sorick riding his bicycle at 12:35 a.m. without
Question:
Police officer Hughes, from Council Bluffs, Iowa, saw 28-year-old Sorick riding his bicycle at 12:35 a.m. without lights in violation of a city ordinance. Hughes stopped Sorick, asked if he was carrying a weapon, and then frisked him, at which time he felt what he believed to be a baggie containing a hard substance. Hughes asked Sorick what the substance was and Sorick said it was marijuana. Hughes issued a citation for possession of marijuana. Sorick was found guilty at trial but appealed, claiming the frisk was an unreasonable search. Hughes testified that he searched Sorick because Hughes feared for his safety. The episode was late at night, the street was not lit, Sorick was in close proximity to Hughes, and people in that neighborhood were known to have weapons. Was the search lawful? Explain. See Iowa v. Sorick, 810 N.W.2d 896 (Iowa Ct. App. 2012).
Step by Step Answer:
Law Business And Society
ISBN: 9781260247794
13th Edition
Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker