Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

How should the court rule on the defense motion to suppress the evidence? Question options: A. The evidence should not be suppressed because the police

How should the court rule on the defense motion to suppress the evidence? Question options: A. The evidence should not be suppressed because the police had reasonable suspicion to stop the defendant and make sure he was not armed. B. The evidence should not be suppressed because the officer had probable cause to arrest the defendant for obstructing a police officer, and the evidence was found incident to arrest. C. The evidence should not be suppressed because the evidence was not discovered incident to a lawful Terry-stop. D. The evidence should be suppressed because it was not discovered incident to a lawful arrest. Hide question 1 feedback Answer D is the correct answer. Whether testing the probable cause presented to a magistrate for a warrant or known to a police officer prior to a warrantless arrest of a search, the probable cause tests is identical. In the case of a warrantless arrest or search, probable cause must be measured by objective facts known to the police officer prior to the warrantless arrest or search. When determining the sufficiency of probable cause, it is not material that a search revealed the evidence sought. Evidence gathered as a result of a search or arrest may not be used retroactively to establish probable cause. In the problem, the state seeks to use the fruits of the illegal search to justify the arrest. If allowed, it would become the arrest incident to a search doctrine; it was not allowed. Antecedent probable cause

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

The Legal Environment of Business

Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards

11th Edition

9781133419716, 538473991, 1133419712, 978-0538473996

More Books

Students also viewed these Law questions

Question

Score: 0 of 1 pt

Answered: 1 week ago