Criminal Evidence-2 Essay

The United States Supreme Court has repeatedly pointed out that the Fourth Amendment forbids only “unreasonable” searches and seizures.

Consider the following scenario:

After overhearing from a public telephone what appeared to be arrangements for a drug transaction, a police officer followed the defendant’s car. When the driver committed a traffic violation, the officer stopped his car. The officer told the driver that he believed that he was carrying narcotics in his car and asked for consent to search the car. The driver said that he had nothing to hide. Indeed, having gotten consent, the officer opened the door on the passenger side and saw a folded brown paper bag on the floor of the car. The officer picked up the bag, opened it, and found cocaine inside.

  • Did the consent to search the car authorize opening the brown paper bag? Explain.
  • Should the evidence be permitted for use against the defendant?
  • Why or why not?

This individual work to be completed is an in-depth essay of 1-2 pages, free of spelling and grammar errors.

Your essay should include:

• The rationale used to address the question/issue posted
• A well-justified argument regarding this issue

Your response must:

• Be thought provoking
• Have well developed ideas and/or opinions
• Reference any material from the text, lecture, or other sources used to complete the assignment

You may use your text or the Internet as a reference, but remember to cite your sources according to APA guidelines.

 
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