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Case 14.3 ​Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat.  The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.The illegal weapon found in the vehicle is:

DNA evidence was first admitted in U.S. Courts in criminal cases in the 1960s.

The two major types of DNA tests are PCR and RFLP.

Government access to stored e-mails is not covered by federal law.

Case 15.2 ​Officer McElroy suspects that Leon is selling drugs. One day he follows Leon to a park and notices that he meets with another man and passes him a newspaper. Unfortunately, Officer McElroy is unable to approach the young men without being seen because of the open area and both men quickly disappear into the trees. Since Officer McElroy does not think he was seen, he returns to the park, but hides behind some trees and uses his binoculars to observe another meeting between Leon and another young man. He is able to adjust his binoculars to see that Leon places a baggie of marijuana inside the newspaper immediately before the meeting. The other young man hands Leon paper money and receives the rolled up newspaper from Leon. Officer McElroy sneaks up on the two young men and overhears the buyer say, “I hope this weed is better than the last stuff you sold me.” Officer McElroy steps out from behind a tree and arrests both men.Leon is also offended that his private conversations were overheard by Officer McElroy and challenges the use of this information against him. Is he justified in doing so, and if so, why?

Case 15.1 ​The Sheriff’s Department has information to believe that illegal automatic weapons are being hidden in a garage on Mary Halberstam’s property. The information was obtained from a confidential informant who specified that the illegal weapons were assault rifles and that Mary has secured ammunition for the weapons in hopes of arming her friends against a looming government conspiracy. The Sheriff’s Department has a list of weapons that had been reported as stolen from a local gun store and the confidential informant confirmed those were the same weapons he had seen on Mary’s property. The informant made a sworn statement in the form of affidavit that was presented to a judge, who issued a search warrant for “any and all illegal items” in the home and garage of Mary, listing her proper address.  The Sheriff’s Department executed a search warrant at Mary’s home by forcing open her front door without knocking or announcing their presence and discovered the illegal weapons that matched the inventory from the Army Depot in her home and the garage.Mary challenges the search warrant as unconstitutional. She may succeed because:

The automobile exception to the warrant requirement requires, at a minimum, _____.

For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence.

Even if police do not have a warrant, they can still search a computer or any location if they have consent from a person in authority.

The Supreme Court replaced the Daubert test with the Frye test.