A vehicle is traveling 50mph on a roadway with a posted speed limit of 35mph. The police officer observes the vehicle and utilizing his radar unit (operating under the Doppler principal), confirms that vehicle is indeed driving 15 miles over the posted speed limit.
The police officer activates his overhead lights and siren and effects a motor vehicle stop of the violator’s vehicle. Upon approaching the vehicle, he notices a white male operating the vehicle with a Hispanic male passenger. Upon speaking with the driver, the police officer detects an odor of marijuana emanating from the vehicle.
When utilizing his flashlight to illuminate the interior of the vehicle, he observes a marijuana pipe with burnt greenish brown vegetation indicative of marijuana. The police officer orders the subjects out of the vehicle and seizes the paraphernalia.
Please explain if the stop, search and seizure was legal, indicating if there was probable cause and what it was. Explain what would happen next following all of the components of the criminal justice system.
Minimum of 7 pages double spaced APA Format Minimum of 5 SCHOLORLY RESOURCES (not Wikipedia and google searches).
I think the attachment I left should have all the info you need but if there’s any questions you have feel free to message me at anytime
Answer preview
In normal occurrences, before going through any person’s property, a police officer is supposed to have a warrant that authorizes such cause of action (Capers & Burke, 2014). There are instances where police officers do not need to get a warrant that will accord them with the requisite authorization required to search. In such situations, if the search conducted meets the threshold set out by the law, it becomes legal, despite the lack of a search warrant. In the United States, searches and seizures not backed up by warrants are essential to the criminal justice system (Gizzi, 2011). Sometimes time becomes a factor, where getting a warrant might accord a suspect time to destroy materials that would have gotten used as evidence against them in court.
