Red Sports Car (231)
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Student’s Name
Institution
Question 1
A lawful vehicle search takes place if upon flagging a vehicle the police have reasonable suspicion that weapons may be in the automobile. However, the search is limited to a cursory inspection of the interior of the car; the authority does not allow full vehicle inspection. Upon custodial arrest, the police can proceed to search within a reaching from the outside of the vehicle at the time of arrest. Also, if police have probable cause to search a truck for criminal evidence or contraband, an automobile may undergo full search (Kanovitz, 2015).
Question 2
The cases of Whren v United States stipulate the circumstances under which a vehicle search would fall within the law (Kanovitz, 2015). The Fourth Amendment meets with common law; in that, if reasonable grounds of search and seizure exist, the Fourth Amendment ceases to apply. If a car attracts the attention of the officer, a subsequent search on the vehicle by the officer does not contravene the law.
Question 3
Officer Webster’s actions were within the dictates of the Constitution. The red car deserved a pullover as it violated traffic rules by overspending. It was well within the constitutional authority the officer to stop the vehicle and run the licenses. Objective grounds existed for the stop and seizure. The actions of Webster were within the legal guidelines of Whren v. United States (Kanovitz, 2015).
Question 4
All actions were necessary safe for the pat-down.
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Officer Webster had no authority to pat down the driver for weapons or drugs since it took place just after stopping the vehicle. A search of persons requires reasonable suspicion before they take place (Kanovitz, 2015).Question 5
The trunk of a car falls within the protections of the Fourth Amendment; it is accessible only after obtaining a search warrant (Kanovitz, 2015).
Reference
Kanovitz, J. (2015). Constitutional Law for Criminal Justice. New York [u.a.]: Routledge.
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