Question
On Friday evening, May 15 around 8:30 p.m., Jim Henderson parked in midtown Memphis, Tennessee in front of the CVS Pharmacy on Union Avenue that
On Friday evening, May 15 around 8:30 p.m., Jim Henderson parked in midtown Memphis, Tennessee in front of the CVS Pharmacy on Union Avenue that was closing at 9 p.m. Shortly thereafter, an anonymous tipper informed the Memphis police that A short, muscular, dark-skinned dude in a black Honda with Tennessee plates is parked in front of the CVS downtown. Hes a drug dealer with a gun and a bunch of cocaine. He'll be there selling drugs until 9 p.m. and then head to another CVS. Officer Mann, in an unmarked police vehicle, was in the vicinity and responded to the radio call from headquarters. He pulled up behind what he thought was a black Honda at a distance from which he could observe the car without being suspected of doing so. He could see a man in the drivers seat of the car. The man exited the car, briefly strolled around it, and returned to the drivers seat. Mann estimated that the drivers height was around 5 10. In a short period of time, Officer Mann saw the driver of the car chat with several people, some of whom he stepped out of the car to converse with, others with whom he spoke to from the drivers seat, and yet others who sat briefly in the car. Mann saw one particular individual, later identified as Alonzo Washington, pass by the vehicle on the sidewalk. After Washington appeared to give a thumbs up signal, the man in the drivers seat rolled down the passenger side window and the two chatted for about a minute. Mann did not hear any of the conversation nor did he see anything passed between Henderson and Washington. Washington then continued walking toward where Mann was parked. Officer Mann jumped out of his unmarked car as Washington passed by him, drew his weapon, forcibly stopped Washington, and searched him. Mann found a small bag of white powder in Washingtons wallet. Mann then handcuffed him, threw him in the back of the police vehicle, and continued his surveillance. Around 8:45 p.m., a woman, later identifiied as Janice Nicholson, exited the CVS and got into the car that Officer Mann had under surveillance. As the car began to pull out, Mann radioed to police colleagues to stop it. Within seconds, police had surrounded the car. With their weapons drawn, they ordered the driver and passenger out of the car, handcuffed them, and placed them face down in the middle of the street away from the vehicle. They then searched the car. The police found a shaving cream can with a false bottom that contained cocaine on the backseat of the car. Henderson and Nicholson were arrested for possession of an illegal substance. Officer Mann later discovered that there had been a mistake in the information from headquarters: the tip pertained to a CVS in downtown, not midtown, Memphis. At trial, Alonzo Washington, Jim Henderson, and Janice Nicholson argue that the evidence against them should be excluded under the Fourth Amendment.
1. Discuss fully the legal right of the police to pull over the car driven by Jim Henderson. Explain thoroughly the legal rationale for your conclusions. Be sure to discuss the impact, if any, of the fact that the car pulled over by the police was not the one described in the tip. 2. Assume that the police pulling over the car was legal. Will the drugs found in the car be admissible as evidence against Jim Henderson and Sonya Henderson? Discuss fully and reach a conclusion. 3. Discuss fully the legality of Officer Manns interaction with Washington. Provide reasons for your conclusions. 4. Discuss briefly the power and impact, if any, of a police union on the ability of the public to obtain information of any other violations by Mann.
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