Question
Hilltop Colony police were at the scene of an accident, assisting injured victims and clearing traffic. One car stopped in traffic was creating a distraction
Hilltop Colony police were at the scene of an accident, assisting injured victims and clearing traffic. One car stopped in traffic was creating a distraction by blasting loud music. A police officer told the driver, Adam Rivers, to turn it down, which he did. While explaining this, the officer spotted a handgun next to Adam on the seat. Hilltop Colony state law allowed the carrying of a concealed or unconcealed weapon. The officer ordered Adam out of the car for safety concerns. The officer drew her gun and pointed it at Adam as he got out, threatening to shoot him if he was not compliant. Other officers approached with weapons drawn. Adam was put on the ground and handcuffed. Drugs were found inside the car and he was charged with drug possession. He filed a motion to suppress, claiming a Fourth Amendment violation. What is the most likely decision of the court?
Group of answer choices
A. The officer overreacted to the initial purpose of the stop, but once the officer saw the drugs, she was justified in making the arrest.
B. The drugs will be suppressed because the officer had no right to order Adamout of the car simply because a legal weapon was observed on the seat
C. The officer had a right to separate Adamfrom the gun, and the ensuing procedures and search were reasonably calculated to protect the officers and the other motorists
C. Adamwas acting erratically by blasting music in the middle of an auto accident investigation, and when a gun was spotted this justified a custodial interrogation and a search of the car
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