Question
Buck is driving his car on the highway, and Lance, his business associate, is riding in the back seat, sleeping. This was Lance's first time
Buck is driving his car on the highway, and Lance, his business associate, is riding in the back seat, sleeping. This was Lance's first time riding in Buck's luxury car, and he enjoyed the comfort of the car's rich appointments. Police order Buck to pull over after he is observed exceeding the speed limit. Police awaken Lance. Immediately after asking for Buck's license and registration, and with only on a hunch but without any specific facts, the officer asks Buck if he has any drugs in the car. Buck says no, and the officer opens the car door and presses a button to open the trunk. The officer then walks to the trunk, looks inside, and sees several bricks of heroin. Buck and Lance are arrested and charged with possession of a controlled substance with intent to distribute. Lance moves to suppress the drugs found in the trunk of the car. Lance should:
(A) Prevail, because the officer lacked a justification for searching the trunk.
(B) Lose, because he was merely a passenger.
(C) Prevail, because he was seized.
(D) Lose, because exigent circumstances justified the trunk search.
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