21 Jun Two police ofÖcers were patrolling in a
Two police ofÖcers were patrolling in a high-crime neighborhood. They noticed a parked car with two people inside (a driver and a passenger). The ofÖcers saw a young woman leaning into the passenger’s window and handing the passenger an object, which they could not identify. At this point they approached the car and the woman began to walk away. 1. One of the ofÖcers noticed the passenger making a shoving down motion, leading the ofÖcer to believe that the passenger might be armed. The ofÖcer drew his gun and shouted “let me see your hands.” After making more shoving down motions, the passenger complied. The ofÖcer reached into the car and touched a bulge in the passenger’s pocket. He felt large, hard objects which he believed to be rocks of crack cocaine. He then removed a plastic bag from the pocket. It contained several rocks of crack cocaine that, together with another rock found in the passenger’s clothing, totaled almost 100 grams. The passenger was arrested, but the driver and the woman standing outside it were not.Should the passenger’s motion to suppress the seized evidence be granted? 2. On a routine patrol, an ofÖcer noticed a parked car. Two people were inside, and they were in a high crime area near a bar that was known for gang activity. In the past, the ofÖcer had responded to calls from the bar for everything from murder to public intoxication. The ofÖcer testiÖed that he stopped to see if the individuals were committing a crime, lived in the area, or had some other concern. When the ofÖcer pulled behind the car and illuminated the car with his spotlight, he observed the passenger fumbling with something on the ×oorboard. As the ofÖcer was checking for identiÖcation, he noticed a bullet on top of the console of the car. The ofÖcer had the individuals step out of the car to ensure that they did not have any weapons. After frisking them for weapons, the ofÖcer looked in the area where he observed the passenger fumbling with something to see if he was hiding a gun. The ofÖcer said he was checking this area for his safety and to make sure that nobody would get hurt. The ofÖcer observed a 12-pack of beer on the ×oorboard and checked inside for a gun. When he moved the carton, he found a small baggy underneath it containing a controlled substance. Should the passenger’s motion to suppress the controlled substance be granted?
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