Question 3 While on routine patrol one night about 11 p.m., Officer Smith noticed that the car she was following in her police vehicle was weaving over the center line of the street. She activated her flashing lights and, when this produced no response, sounded her siren, which caused the car to pull to the side of the road and stop. When Officer Smith approached the driver's side of the car, she noticed the window was down and the driver was slumped forward over the steering wheel. Smith ordered the driver to get out of the car, and when the driver emerged from the car, Smith placed him under arrest for driving under the influence. A pat search of the driver produced a small, silver vial containing several grams of cocaine. The jurisdiction has a statute permitting arrestees to be taken to the police station for booking. Assuming that Officer Smith had probable cause to arrest the driver for driving under the influence, was the subsequent search that revealed the cocaine valid? (A) No, if Smith was not in fear and had no suspicion that the driver possessed narcotics. (B) No, because there was no reasonable or proper ground for the search. (C) Yes, because Smith acted under a legitimate concern for her own safety. (D) Yes, because the search was incident to the arrest. Question 4 One evening while driving home from class, Sandra's car broke down. As she walked around looking for a telephone booth, she was grabbed by an assailant who sprang from the shadows, dragged her into an alley, and raped her. Sandra reported the attack to the police and was told that there had been another, similar attack in the same area a few days earlier. The previous victim had viewed "mug" books containing photos of arrestees and had identified one man as her assailant. The police asked Sandra to view a series of five photographs of similar-looking men in order to see if any of them appeared to be her attacker. When she said none of the men in the photos looked familiar, she was shown a second group of five pictures. After looking at these, Sandra identified Rupert as the rapist. Rupert was later arrested and prosecuted for the rape of Sandra. If Rupert seeks by appropriate procedure to suppress Sandra's identification of him from the photographic line-up, the court should rule: (A) For the prosecution. (B) For Rupert because the photographic line-up procedure used by the police was unnecessarily suggestive. (C) For Rupert because his counsel was not present during the photographic line-up. (D) For Rupert because Sandra could not have gotten a good look at her assailant in the dark