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Shirley, a policeman, was walking down a public sidewalk at night with her flashlight. She passed a parked car and shined her flashlight into it
Shirley, a policeman, was walking down a public sidewalk at night with her flashlight. She passed a parked car and shined her flashlight into it In the back seat, she saw a bong and a baggie that obviously contained marijuana. From this, she obtained a search warrant to check the car more thoroughly and the owner was later arrested. Shirley's actions were
illegal because she did not obtain a warrant before looking in the car.
illegal because she may look into the car but may not use mechanical devices to aid the search without a warrant, so the use of the flashlight made the search illegal.
legal begause it was a search of an area that was openly visible and authorities may use simple mechanical devices to aid searches without a warrant, and what she saw would support a subsequent warrant.
legal because her search resulted in a valid arrest and this removes any unlawful taint.
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