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On August 1st, 2019 a law enforcement officer was conducting routine patrol of the parking lot of Millenia Mall located in Orange County, Florida. Jane
On August 1st, 2019 a law enforcement officer was conducting routine patrol of the parking lot of Millenia Mall located in Orange County, Florida. Jane Jones was lawfully parked, in a parking space, with the engine running and the lights on, asleep in the driver's seat. The officer approached the vehicle and knocked on the window. Jane looked up, knocked back and ignored the officer. The officer continued to knock on the window. The officer then started pounding on the windshield. Jane then rolled down the window. The officer inquired as to whether Jane was okay or in need of medical attention. Jane stated she was fine. The officer claims to have observed Jane to have watery, bloodshot eyes. Jane was then required to produce her driver license. As Jane retrieved it the officer claimed she fumbled and spoke with slurred speech. Jane is then ordered out of the vehicle by the officer. As Jane exits the vehicle the officer claims to have detected the odor of the impurities of alcohol. Jane was directed to perform field sobriety exercises and then placed under arrest for Driving Under the Influence. She was booked into the Orange County jail and released after posting bond. Jane has retained me to represent her. Did the officer have probable cause for the arrest? As in, was there probable cause to believe Jane was impaired? Are there grounds to file a Motion to Suppress? Was this a properly executed wellness check? Did the officer need more than the fact someone was sleeping in their car to order them out of it? Make a legal memorandum addressed to me answering these questions. Keep in mind the following : 1. Follow the format we have studied in class. 2. Cite appropriate statutes, case law, and rules where applicable. 3. FIRAC at least one case as part of your analysis. 4. Use Bluebook format
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