Question
On Black Friday, around 6 p.m., Detective Lucas Trumper received a telephone call from a completely anonymous individual who informed Trumper that a dark blue
On Black Friday, around 6 p.m., Detective Lucas Trumper received a telephone call from a completely anonymous individual who informed Trumper that a dark blue Honda Civic with a North Carolina license plate number ADC 193 and occupied by a black male and a black female would be travelling from Raleigh to Henderson, North Carolina later that evening. The informant indicated that he did not know the names of either of the two but that in the trunk of the car there would be a backpack containing a shaving cream can with a false bottom. The shaving cream would contain cocaine that the two were planning to distribute at the Cosmos Club, a popular local establishment with a reputation for drug activity. The car was spotted by Henderson police officers on the interstate. The officers followed the car for about twenty minutes and stopped the car after it had circled the Cosmos Club a few times. Other patrol cars arrived. With their guns drawn, the police ordered the driver/owner (Mary) and the passenger (Joe) to exit the car and to lie face down in the street. Without a warrant or consent from either party, the officers searched the car and Mary and Joe. The officers found a shaving cream can with a false bottom containing fifty grams of cocaine in a backpack in the backseat. No illegal substances were found on either Mary or Joe. Mary and Joe move to suppress all items of physical evidence obtained by the police.
1. Did the police have the legal right to a) stop the car and b) draw their weapons and order Mary and Joe on the ground? Why or why not? Explain.
2. Assume the stop was legal. Was the search of the car legal? Why or why not? Explain.
3. Will the cocaine be admitted as evidence against Joe and Mary? Why or why not?
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