On the evening of October 8 around 7:45 p.m., Shorty Long had just double parked in downtown

Macon, Georgia in front of a CVS Pharmacy that was closing at 8 p.m. About five minutes later,

an anonymous tipper informed the Macon police that "A tall, thin, brown-skinned dude in a blue

BMW with Georgia plates is double parked in front of the CVS downtown. He's a drug dealer

and has a gun and a bunch of cocaine. He's probably selling drugs right now. Move quickly, he

won't be there too long."

Officer Trumper, in an unmarked police vehicle, was in the vicinity and responded to the radio

call. He pulled up behind what he thought was a blue BMW at a distance from which he could

observe the car without being suspected of doing so. He could see a man in the driver's seat of

the car.

Trumper saw a Latino man, later identified as Fernando Hernandez, pass by the vehicle. The man

in the driver's seat rolled down the passenger side window and yelled something out of the car.

Hernandez approached the driver's side of the vehicle. The driver, who appeared to be around 6'

2", exited the vehicle and greeted Hernandez with a smile and a hug. After a conversation of

about a minute, Hernandez continued walking toward where Trumper had parked.

Trumper exited the unmarked police vehicle as Hernandez passed by him, drew his weapon,

forcibly stopped Hernandez, and searched him. Trumper found a small bag of white powder in

Hernandez's wallet, handcuffed him, and placed him in the back of the police vehicle. Trumper

then continued his surveillance.

Shortly thereafter, Little Slim exited the CVS and got into the blue car. As the car began to pull

out, Trumper radioed to police colleagues to stop the blue car. Within minutes, police had

surrounded the car, and with their weapons drawn, ordered the driver and passenger out,

handcuffed them, and placed them face down in the middle of the street. Although the police did

not see anything at all that led them to believe that either of the two occupants of the car were

armed, they nevertheless searched the car and Trumper patted down Shorty Long and Little Slim.

The search and pat down were performed without the consent of either Long or Slim and without

probable cause.

The police found illegal drugs in a false bottom of a shaving cream can in the front seat of the

car. While Trumper found nothing on Little Slim, he felt a hard object in Shorty Long's pocket

and removed what turned out to be a loaded semi automatic handgun. Shorty Long and Little

Slim were both arrested for possession of illegal drugs. Shortly thereafter, Long was also arrested

for possession of an illegal handgun.

As Trumper was leaving the scene, he realized to his surprise that the car driven by Shorty Long

was not a blue BMW, nor did the car have Georgia number plates.

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At trial, both defendants argue that the evidence against them should be excluded under the

Fourth Amendment and any cases related to it. Accordingly:

1. Discuss fully the legal right of the police to pull over the car occupied by Shorty Long

and Little Slim. Explain the legal rationale for your conclusions.

2. Assume that the police pulling over the car was legal. Discuss fully the right of the

police to draw their weapons, order the occupants out of the car, handcuff them, and

place them face down in the middle of the street.

3. Assume that the police pulling over the car was legal. Will the gun found on Shorty

Long be admissible as evidence in a trial against him? Discuss fully and reach a

conclusion.

4. Assume that the police pulling over the car was legal. Will the drugs found in the car

be admissible as evidence in a trial against Shorty Long and Little Slim. Discuss fully and

reach a conclusion.

5. Discuss the impact, if any, of the fact that the car pulled over by the police was, in fact,

not the one described in the tip.

6. Discuss fully the legality of Trumper's interaction with Hernandez. Provide reasons for

your conclusions.

7. Assume that Trumper's behavior would result in any and all evidence against

Hernandez being suppressed (thrown out). Also assume that Hernandez brought a civil

rights claim against Trumper for unlawful arrest and use of excessive force. Would

Trumper be entitled to "qualified immunity?" Discuss fully and reach a conclusion.

8. Discuss briefly the power and impact, if any, of a police union on the ability of the

public to obtain information of violations of the law by Trumper.