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The police were at the scene of an accident, assisting injured victims and clearing traffic. One car stopped in traffic was creating a distraction by
The police were at the scene of an accident, assisting injured victims and clearing traffic. One car stopped in traffic was creating a distraction by blasting gospel church music. A police officer told the driver to turn it down, which he did. While explaining this, the officer spotted a handgun next to the driver on the seat. State law allowed the carrying of a concealed or unconcealed registered weapon. The officer ordered him out of the car for safety concerns. The officer drew her gun and pointed it at him as he got out, threatening to shoot him if he was not compliant. Other officers approached with weapons drawn. The driver was put on the ground and handcuffed. The driver explained that he had a legally issued permit by the State to own the hand-gun and that he could produce it for her since he kept it in his wallet. The officer ignored these statements. Drugs were found hidden inside the car and he was charged with drug possession. He filed a motion to suppress, claiming a Fourth Amendment violation. What is the most likely decision of the court? a.The driver was acting erratically by blasting music in the middle of an auto accident investigation, and when a gun was spotted this justified a custodial interrogation and a search of the car. b.The officer had a right to separate the driver from the gun, and the ensuing procedures and search were reasonably calculated to protect the officers and the other motorists. c.The officer in effect overreacted to the initial purpose of the stop, and initiated an arrest procedure without probable cause to do so, and thus the drugs will be suppressed. d.The drugs will be not suppressed because the officer had the right to order the driver out of the car simply because a legal weapon was observed on the seat
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