Reference no: EM133310846

The officer, still without his lights on, observed the vehicle and its occupants. The car did not swerve, was not driven erratically, and made no traffic infractions. However, the two passengers, Sarah and Stormy, continuously moved their heads about and looked in the officer's direction.

Also, Donald, the driver, frequently looked at his side mirror and rearview mirror in the direction of the officer.

The vehicle stopped for a red light, then turned left into a convenience store parking lot. As the red Lexus pulled into a parking space at the doors of the convenience store, Officer Smith activated his emergency lights and pulled in directly behind the vehicle and stopped. He then turned off his emergency lights, leaving just his flashing amber lights on. Donald, the driver of the red Lexus, got out of the car and headed toward the front doors of the convenience store.

Officer Smith quickly stepped in front of the convenience store doors. The officer immediately noticed a green leafy material on Donald's shirt and noticed a strong odor of marijuana. After asking Donald for his driver's license, registration and proof of insurance, which Donald retrieved from his wallet, Officer Smith asked Donald if he had been smoking marijuana. Donald admitted that he had been smoking marijuana. The officer then asked both passengers to step out of the car and searched the car. Under the front passenger seat, which had been occupied by Sarah, the officer found a backpack. The officer opened the backpack and found documents in it with the rear passenger's name (Stormy). The officer also found that the backpack contained a clear plastic bag of green leafy material that smelled like marijuana. Later tests confirmed that it was marijuana. A search of the trunk also revealed a backpack. The officer opened the backpack and found papers with both the driver's (Donald's) and front passenger's name (Sarah's) and a clear plastic bag of green leafy material that smelled like marijuana. Later tests confirmed that it too was marijuana. All three were then handcuffed, placed in the back of the patrol car, and transported to the police station. During search incident to arrest, and without a warrant, the officer discovered a smartphone in Stormy's purse (which she kept with her when she exited the car), which the officer scrolled through, observing pictures of Stormy posing with large amounts of cash, wearing a baseball cap pulled down over her face, mugging "gang" poses.

As it turned out, the back seat passenger, Stormy, had a warrant out for her arrest for an armed robbery of "Big Mike's," a local strip/gentlemen's club. The next morning all three, Donald, Sarah and Stormy, were taken to court and charged with possessing the drugs found in the car.

Each was appointed a lawyer. After court, the police officers who were transporting Stormy to the jail stopped first at the police station, where she was placed in a lineup, all without her attorney present. Two witnesses to the club robbery, Karen and Summer, identified Stormy as the perpetrator. Both said they were "absolutely positive" about their identification. Karen and Summer had told the police that the club was very dimly lit and that they had ingested a significant amount of alcohol when the robber entered the club. They reported that the robber wore a baseball cap that was pulled down, but that the robbery lasted about five minutes and the robber was in view the entire time. On the basis of these identifications, Stormy was indicted for the strip club robbery. Without any notice to Stormy or to her attorney, two more witnesses, James and Andrew, were brought down to the police station and were separately shown what was clearly a mug shot of Stormy from a prior arrest. Both witnesses identified Stormy as the robber.

As to all three defendants on the drug charges, and as to Stormy for the armed robbery charge, discuss all possible motions to suppress all potential evidence on all possible grounds (that you can think of), and the response from the prosecution/state, and how the

Court should rule. Cite at least seven (7) separate cases that we have studied this year as part of your answer, at least three for the defense, at least three for the prosecution, and at least one as the judge.