Question
On a sunny Saturday afternoon around 3 p.m. Officer Giles was on patrol in a suburban neighborhood in Wisconsin that had been experiencing a rash
On a sunny Saturday afternoon around 3 p.m. Officer Giles was on patrol in a suburban neighborhood in Wisconsin that had been experiencing a rash of daytime burglaries. Giles' attention was drawn to a car parked in the driveway of a house. The car's trunk was open, exposing several large green plastic trash bags, which appeared full and of the type reportedly used to remove the loot in some of the break-ins. The uninformed officer made a U-turn and pulled into the driveway behind the car. At that moment the driver had just closed the trunk and was beginning to back out, but the police car now blocked her exit. The driver got out of the car and, appearing quite nervous, asked the officer to move his cruiser. The officer responded instead by asking the driver for identification, which she produced. The identification indicated an address in a different section of the city. At that point the officer frisked the driver, took the keys to her car from her pocketbook, opened the trunk, and then opened the trash bags inside. Finding jewelry, laptops, and cash, the officer placed the driver under arrest. It was later determined that the items had been stolen from a nearby residence.
The driver-now-defendant moves to suppress the items. Will she be successful? Why or why not? Explain, analyzing the legality of Officer Giles' behavior.
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