Justify is that car abandoned based on abandonment factors

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Reference no: EM133299616

Question 1: Steve was arrested in a rest stop by a police officer for speeding on the highway. He was arrested about ten yards from his car. The officer nonetheless searched the car and found illegal weapons. At trial, Steve sought to exclude the weapons, saying they were not in the area of immediate control when seized. You are the judge. Will you admit or exclude the evidence? Discuss the case history of this issue and then justify your ruling.

Question 2: Suspect Joe was arrested by the police in downtown San Francisco. He was charged with robbery. He asked for a lawyer and was given a public defender. A week later. Joe was made to appear in a police lineup. He refused, saying that he would do so only if his lawyer was present during the lineup. He further objected to the lineup on the grounds that it would violate his constitutional right to due process and protection against self-incrimination and that it was also violation of his Fourth Amendment right against unreasonable searches and seizures. You are the judge in this case. Will you uphold or reject Joe's allegations? Analyze each allegation and give reasons for your decision.

Question 3: Assume you are a police officer who sees a car in a parking lot that has obviously not been moved or driven in months. Is that car abandoned? Justify your answer based on the three factors that determine abandonment.

Reference no: EM133299616

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