Was the search of johns pockets constitutional

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Reference no: EM133665823

In this scenario:

The police have probable cause to believe that John is dealing narcotics. Although they have plenty of time to obtain an arrest warrant, the officer in charge of the investigation refuses to get one. "I won't let a judge tell me when I can or can't arrest someone-I'll arrest whoever I want, whenever I want," the officer tells the investigation team. Hoping to catch John when he is in possession of a large cache of drugs, they decide to arrest him at the airport after he returns from a trip to Miami.

After John exits the airport, the police arrest him without a warrant just as he is about to enter a car driven by Bob. After the arrest, the police immediately search John's pockets and find a small amount of cocaine. The police also seize the luggage John was carrying, as well as his cell phone. The police take the luggage and phone to the police station. Two days later, they break into the luggage without a warrant and find 5 kilograms of cocaine.

Following John's arrest at the airport and the discovery of cocaine in his pocket, the police now have reasonable suspicion that the car driven by Bob contains additional narcotics. Since drug dealers often carry firearms, the police also have reasonable suspicion that Bob might be in possession of a gun. The police stop the car and, using a loudspeaker, immediately order Bob to exit the vehicle with his hands up. Bob complies with the order, and the officers immediately frisk him. During the frisk, the police discover a handgun tucked in the waistband of Bob's pants, and they place him under arrest.

After Bob is secured in the back of a squad car, the police search Bob's car without a warrant, hoping to find additional guns and drugs. They discover an illegal ghost gun in the trunk of the car and small amounts of cocaine, heroin, and methamphetamine in the car's center console.

Was the search of John's pockets constitutional, yes or no? What constitutional rule applies to the action? Give citation of the case the rule came out of.

Was the search of John's luggage constitutional, yes or no? What constitutional rule applies to the action? Give citation of the case the rule came out of.

Was the stop and frisk of Bob constitutional, yes or no? What constitutional rule applies to the action? Give citation of the case the rule came out of.

Was the search of the car driven by Bob constitutional, yes or no? What constitutional rule applies to the action? Give citation of the case the rule came out of.

Reference no: EM133665823

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