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    Search Warrant Exceptions

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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 illuminated the care 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 the top console of the car. the officer had the idividuals step out of the car to ensure they did not have any weapons. After frisking them for weapons, the officer said he was checking this area for his safety and to make sure 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 passengers motion to suppress the controlled substance be granted? Provide evidence.

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    Solution Summary

    Referring to the scenario, this solution responds to the question: Should the passengers motion to suppress the controlled substance be granted?