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Suppressing Seizure Evidence
Student’s Name
The scenario presents with it a question of whether the officer had a factual and
reasonable cause to establish a warrantless search. The officers’ initial routine check was based
on the fact that the passenger shoved motions from inside the car. The officer was driven to
believe the passenger was armed and the shoving motions were a way of trying to reach for the
arms. However, upon ordering the passenger to raise his hands, the officer found about 100
grams of crack cocaine stuffed inside the passenger’s pockets. While possessing crack cocaine
would definitely lead to an arrest, the passenger has presented a motion seeking for the
suppression of the seized evidence; there are other facts which are probably the rule of specific
and articulable facts granted to the law enforcement.
Firstly, the search by the officer can be justified as a routine check. This is so because the
officer was concerned that the passenger had received some objects from the woman through the
car window. Upon getting close to the car, the officer also noticed that the passenger was
‘shoving down’ in motion, leading the officer to assume the passenger was armed. The seizure of
crack cocaine from the passenger was not the officer’s initial concern, but it generated other
interest upon checks on the passenger’s pockets and clothes. Although a similar case State v.
Braxton, 90 N.C. App. 204, 207, 368 S.E.2d 56, 58 (1988) agrees on the request made by the
defendant, there is a clear provision that the law would not turn the tide in this case. The
defendant’s gestures lack furtiveness to influence a probable cause for a warrantless search
(Harvard Law Review, 1974).
However, the officer had believed that the passenger had received something from a
woman and was expressing a ‘shoving down motion’, which played a huge part in influencing
the officer’s initial thought of the passenger being possibly armed. The defendant had the right
not to be searched, and the police findings of crack cocaine rocks remains outside the suspected
possession of arms. Nevertheless, the defendant holds a genuine ground to have the evidence
obtained from the seizure regarded furtive.
The police officer lacks a factual and specifically articulable cause to prompt a
justification for a warrantless search; even with a clear reason of suspense in this case. The car
was packed with two occupants, one on each side of the front seats. The woman leaning on the
passenger window adds over an objective but the police have no idea what it is; again no reason
for any suspense. The actions of the officer drawing his and pointing it at the defendant are a
violation on the 4th amendment. There never was any articulable and specific factuality that led
the officer to carry out a warrantless search. The defendant stands with a strong claim; a
violation of his right under the 4th amendment. The suspect holds the right and duty to protect
this constitutionally given right to feel secure from unwarranted search or seizure.
The judge must find no probable cause in this scenario. The officers were not within their
jurisdiction to draw a gun and carry out search warrantless.
Harvard Law Review Assoc, Harvard Law Review, & United States of America. (1974).
Warrantless Searches and Seizures of Automobiles. Harvard Law Review, 87(4), 835853.
Hill, U. S. V. Search and Seizure. DENVER UNIVERSITY LAW REVIEW, 66, 4.

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