Search and Seizure
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On a routine patrol, an officer noticed a parked car. Two people were inside, and they were in a high crime area near a bar that was known for gang activity. In the past, the officer had responded to calls from the bar for everything from murder to public intoxication. The officer testified that he stopped to see if the individuals were committing a crime, lived in the area, or had some other concern. When the officer pulled behind the car and illuminated the car with his spotlight, he observed the passenger fumbling with something on the floorboard. As the officer was checking for identification, he noticed a bullet on top of the console of the car. The officer had the individuals step out of the car to ensure that they did not have any weapons. After frisking them for weapons, the officer looked in the area where he observed the passenger fumbling with something to see if he was hiding a gun. The officer said he was checking this area for his safety and to make sure that nobody would get hurt. The officer observed a twelve-pack of beer on the floorboard and checked inside for a gun. When he moved the carton, he found a small baggy underneath it containing a controlled substance.
Should the passenger's motion to suppress the controlled substance be granted?
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Solution Summary
Referring to the scenario on search and seizure, this solution responds to the question: Should the passenger's motion to suppress the controlled substance be granted? References and examples of similar cases are also provided.
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