Fnd a brick of marijuana and another gun

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Reference no: EM133727004

A police officer pulls a car over for running a red light. As she approaches the driver's side, she notices the smell of marijuana. She orders the driver out of the car and arrests him. She then sees, on the passenger seat, a baggie with marijuana in it. She seizes that. She then conducts a search of the driver and finds a gun. When back-up arrives, and they put the driver in the back of one of the patrol cars, she continues the search right there, opening up the glove compartment and popping the trunk. In the trunk she finds a brick of marijuana and another gun.

Go through each step of what just happened and explain whether the officer acted properly, according to the Constitution and which, if any, of the contraband she found will be admissible at trial. Are there any cases on point other than Arizona v. Gant? Can you cite any real life examples? Should the police be able search in this case without a warrant? Why?

Reference no: EM133727004

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