Question
Willy was validly arrested on a charge of drunken driving. Over Willy's objection, the police took Willy's car to a lot which was owned by
Willy was validly arrested on a charge of drunken driving. Over Willy's objection, the police took Willy's car to a lot which was owned by the police department and inventoried the contents of the car. Under the front passenger seat, the police found a plastic bag containing heroin. On the rear seat, there was a suitcase which was sealed by a zipper. The police unzipped the suitcase, opened it, and found two illegal machine guns. In the locked trunk of the car (which police broke into) the police discovered a dead body.
Question 1 - The police impoundment of Willy's car was
A. lawful, because Willy was lawfully arrested
B. lawful, because Willy impliedly consented to this action
C. Lawful, if done pursuant to standardized police procedures
D. All of the above
E. None of the above
Question 2 - Is the heroin admissible against Willy in a criminal prosecution for unlawful possession of that substance?
A. No, because the vehicle was not searched at the time Willy was arrested
B. Yes, Impoundment was lawful
C. No, because the police did not have probable cause to search the interior of the vehicle
D. No, because while probable cause existed to search the car, no warrant was ever obtained by the police.
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