Answered step by step
Verified Expert Solution
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
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started