Reference no: EM133812602

Question

Police are doing random business checks. In a fully marked cruiser, they proceed to the back of the K-Mart parking. The officers find a car running with the lights off. Officers pull their cruiser toward the vehicle when they see a male suspect in the driver seat, later identified as Bad Bart. As the cruiser pulls up in front of the car, the officers then see a female's head "pop up" from the passenger front seat. The female is later identified as Bad Betty.

The officers exit their vehicle and approach the car. The officers look inside and see both occupants in a state of undress. Police remove both occupants, allow them to get dressed and place them in the cruiser; both under arrest for Gross Indecency. (The elements of Gross Indecency are two people engaging in sex in a public place.) The officers then search the passenger compartment. Under the passenger side front seat, police find a loaded handgun. As a result, both occupants are also given an additional charge of Carrying a Concealed Weapon.

Prior to the conclusion of the search, Bart's wife, Lulu comes to the scene and asks the officers if she can take the car. Lulu explains that if the officers take the vehicle, she will have no way to work the next day and she would lose her job. The officers agree, and after the search, they turn the car over to Lulu.

Assuming the original charge of Gross Indecency is valid, was the search of the car legal? (You cannot add or change your facts in this question.) Why or why not? State the legal reasons to support your answer.