Question
Scott is standing on the corner waiting for the bus.OG sees him and ask him what he is doing.Scott indicates that he is waiting for
Scott is standing on the corner waiting for the bus.OG sees him and ask him what he is doing.Scott indicates that he is waiting for the bus.Given that there have been reports of drug dealing in the area,OG attempts to be proactive and ask Scott if he can search his bag.Scott politely says,"no."OG says,"well if you are not engaging in a crime,then you should be comfortable with me seeing what is in your bag,"Scott again says,"No,thank you,and I am not engaging in any crime,have a nice day officer."OG then gets out of his car and tells Scott to turn around and he commences to pat him down and look into his bag.Indeed he finds 30 packets of crack.Scott is charged with possession with intent to deliver.
a. Will this evidence be admitted at trial? (5pts)
b. Why or why not and what cases if any support your answer? (10pts)
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