del Carmen & Walker: Briefs of Leading Cases in Law Enforcement, 8th Edition

Apply the Case Law

3. Probable Cause in the Automobile

Two patrol cars patrolling a high-crime area came upon two cars sitting next to each other with their engines running. As they approached, one of the cars sped off, but the other one was blocked in by the other patrol car. One patrol car followed the moving vehicle, while the other officer got out and approached the blocked vehicle. As the officer approached the driver’s side window, he noticed empty beer cans in the floorboard and part of a 12-pack of beer in the seat. He asked the occupant for her identification. She replied that her identification was in her purse next to the beer on the passenger-side seat and offered to retrieve it. The officer instructed her not to, and instead, walked around the vehicle and opened the passenger’s side door to get the purse. When the officer opened the purse to retrieve the identification, he found drugs. Meanwhile, the other patrol vehicle stopped the vehicle that had sped away. After stopping the vehicle and ordering the occupant out of the car, officers searched the vehicle. The officers discovered drugs in that vehicle as well. The occupant stated he had just bought the drugs from the woman in the other car.

Questions

Which cases are most applicable to these facts?
Your Answer
Correct Answer
- U.S. v. Sharpe (Chapter 3) for similar facts of the case that may be added by the instructor.
- Minnesota v. Dickerson, U.S. v Wardlow (Chapter 3) to address evasive actions when observed by police.
- U.S. v. Ross (Chapter 9) to address probable cause to search the vehicles.
- Wyoming v. Houghton (Chapter 9) for similar circumstances of opening the woman’s purse.
- Maryland v. Wilson (Chapter 10) to address ordering the second vehicle’s occupant out of the car.
- Wong Sun v. U.S. (Chapter 2) to address fruit of the poisonous tree for the confession of the occupant of the second vehicle.
Did the officer violate the woman’s Fourth Amendment rights by opening her purse without consent?
Your Answer

Correct Answer

This is arguable, but probably not, given the officer saw the beer first.
Was there probable cause to follow the vehicle that sped away?
Your Answer

Correct Answer

Yes. Officers may continue an investigation of evasive behavior by following a vehicle or persons.
Was there probable cause to search the vehicle that sped away?
Your Answer

Correct Answer

This is arguable, but probably not. The vehicle did speed away, which allowed officers to follow it and stop it based on probable cause. However, the officers did not have probable cause given the facts provided to search the vehicle. If other facts had arisen from the stop or interview of the occupant, sufficient probable cause might have existed to search the vehicle.
Can the testimony of the person who stated he bought drugs from the woman be used in court?
Your Answer

Correct Answer

No, the occupant provided the information after the officers found contraband as the result of an unconstitutional search.