Question
Officer Jablonski was on routine patrol when she observed a 2002 Blue Jeep Liberty not using the turn signal when switching lanes and swerving between
Officer Jablonski was on routine patrol when she observed a 2002 Blue Jeep Liberty not using the turn signal when switching lanes and swerving between lanes not staying within the lines. After observing the car for a few blocks, Officer Jablonski initiated the lights and sirens on her police car to pull over the car on suspicion that the driver was driving while intoxicated. The car complied and pulled over and after receiving the identification from the driver, Officer Jablonski learned the identity of driver was that of Tony. After speaking with Tony, smelling alcohol on his breath, and him complying to a field sobriety test, Officer Jablonski concluded he was drunk and arrested him for drunk driving. Per her jurisdiction's laws, whenever you arrest someone for drunk driving, if there is no one on the scene who is not impaired that could drive the vehicle home (other than a police officer), the vehicle must be impounded. A police tow truck arrived on the scene shortly after Tony's arrest and the car was towed to the police station. Upon impounding the car, other officers performed a routine inventory of all the contents in the car to protect themselves from Tony later potentially claiming the police stole his personal items. Upon searching the car, the police found child porn under the back seat. The police subsequently also charged Tony with possession of child porn. Later, Tony contendedhe was unlawfully arrested for possession of child porn claiming the police illegallysearched his car and that the evidence against him must be suppressed. Was there a reasonable search, seizure, and/or arrest in this scenario? Please explain and describe any exceptions that may apply.
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