You are a sergeant in the patrol division of a local law enforcement agency. A few officers in your department illegally stop and search a car. One of the car passengers had stashed drugs under the seat, and the officers found those in the course of their search. The Chief asks you if you know any way in which to charge the passenger with possession of drugs and to use the drugs as evidence against the passenger.© BrainMass Inc. brainmass.com October 10, 2019, 4:42 am ad1c9bdddf
The importance of the statement that an illegal stop and search was conducted is the first and foremost implication that no explanation can legally justify the department in proceeding further with its prosecution of either the passenger or the driver. To clear up some inconsistencies within the scenario, I must first highlight whether the passenger volunteered for the drugs. In circumstances where two or more people are riding in a vehicle with drugs present, if the other passengers do not claim the drugs and the car or vehicle is registered in the name of the driver ...
This case illustrates how the protections afforded by the Fourth Amendment prevent law enforcement from presenting evidence in court for illegal stops and searches of suspects.