Officer Jenkins received а phоne cаll frоm sоmeone who identified himself аs Jeff. In his conversation with the officer, Jeff related how a former friend of his named Kenny, would drive every Sunday morning to San Pedro Harbor and pick up a crate from the same dock worker each week. Jeff further related that upon returning to his home, Kenny would then unload bags of cocaine from the crate and transfer the product into small paper bags. Although Officer Jenkins had no previous experience in dealing with Jeff, he wrote down the address of Kenny’s residence conveyed to him by Jeff. For two weeks the police watched Kenny, who drove to the harbor on both Sunday mornings, picked up a crate, and unloaded it from his car upon returning home. Furthermore, the police observed cars driving up to Kenny’s residence, in the early hours of each morning of the week, where they would enter Kenny’s home and return to their vehicles carrying small brown paper bags. The next Sunday morning Officer Jenkins and his partner Officer Kennedy followed Kenny to San Pedro Harbor and observed Kenny and another passenger load a crate into the back of his car. As Kenny drove out of the harbor area onto the highway, Officer Jenkins signaled for Kenny to pull his car over to the side of the road and he did so. Officer Kennedy walked a canine unit dog around the back of Kenny’s vehicle and the dog alerted when it approached the trunk of the vehicle. Officer Jenkins then popped the trunk open, removed the crate and used a tire iron in the trunk to open the crate. He identified the contents as cocaine. Officer Jenkins then searched the interior of the vehicle where he seized two baggies of cocaine from the glove compartment. In the meantime, Officer Kennedy had ordered Kenny and the passenger to exit the vehicle and conducted a patdown of both men. In his frisk of Kenny, prior to determining whether he was armed, the officer felt a hard object in Kenny’s shirt pocket and removed a small ball of rock cocaine. Both men were arrested and booked for possession, and possession with the intent to distribute a controlled substance. Discuss all legal issues regarding (a) the search of the trunk of Kenny’s vehicle, (b) the search of the glove compartment of Kenny’s vehicle; (c) the frisk of Kenny; (d) Whether the passenger can object to the search of Kenny’s vehicle.
CHP Officer Beck wаs pаtrоlling the 5 freewаy when he nоticed a White Tesla swerving within its lane. The оfficer then observed the white Tesla change lanes without signaling – in violation of the state’s vehicle code. The officer initiates a traffic stop via lights and a brief siren chirp. The Tesla pulls over to the side of the freeway. The officer approaches the driver, greets her and asks why she failed to signal before changing lanes. The driver mumbles something unintelligible, then introduces herself as “Cora.” While Cora is speaking the officer observes objective symptoms of intoxication. The officer requests that Cora perform field sobriety tests (FSTs). Cora consents and performs the FSTs poorly. The officer arrests Cora for Driving while Under the Influence of Alcohol (DUI). Prior to handcuffing Cora and while she is standing approximately two feet from her open driver’s door, the officer searches her pockets for weapons or contraband. In Cora’s right front pants pocket, the officer locates, a liquor store receipt for purchase of a bottle of Jack Daniels whiskey. This purchase receipt is dated and time stamped at 30 minutes before this traffic stop. In Cora’s left front pocket, the officer locates a small, but useable, quantity of Cocaine. Officer Beck looks under the driver’s seat and locates a nearly half empty 25-ounce bottle of Jack Daniels whiskey. Officer Beck then handcuffs Cora and places her in the back of his patrol car, closing the rear door thereto. He then walks back over to Cora’s Tesla and begins searching the entire passenger compartment. In the backseat, the officer locates a closed suitcase which he opens and I which he locates a large quantity of Heroin The officer transports Cora to the police station for processing and to obtain a blood sample to be later tested for alcohol content. Meanwhile, a backup officer who had earlier arrived at the scene summons a tow truck to impound Cora’s vehicle as authorized by state law. While awaiting the tow truck, the officers search through the vehicle to document the contents thereof pursuant to required property preservation procedures. While so documenting, the officers locate a stolen firearm in the trunk of the vehicle. Back at the police station, Officer Beck prepares to read Cora the consent form to obtain a sample of her blood in a medically approved manner. However, as he approaches Cora, he sees that she has passed out and is unresponsive, though breathing and otherwise fine. Officer Beck then summons a trained phlebotomist who draws blood from Cora who remains unconscious. A forensic scientist tests this blood sample which yields a blood-alcohol content well above the legal limit. Cora remains in a temporary holding cell until she regains consciousness approximately one hour later. She is then transported to the main Women’s Jail. Prior to entry, the female jailers perform a full body search of Cora and locate a small baggie of Fentanyl concealed within her private parts. All the afore-mentioned evidentiary items were collected and booked into an evidence locker. Cora is thereafter charged with DUI; Simple Possession of Cocaine; Transportation of Heroin; Possession of a Stolen Firearm; and Simple Possession of Fentanyl. Prior to Cora’s trial, her attorney files a motion to exclude the prosector from admitting into evidence the collected items, asserting that the traffic stop was unlawful, and each subsequent item of evidence was also seized pursuant to unlawful searches. -Assume no warrants sought regarding the searches and/or seizures in the fact pattern. -Assume for the purposes of this exam only that, after Cora’s arrest but prior to trial, the US Supreme Court modified 4th Amendment Jurisprudence (again) holding that it is always unreasonable under the 4th Amendment to obtain a DUI suspect’s blood in the absence of consent, unless authorized by a warrant. Directions: Pursuant to 4th Amendment Jurisprudence, discuss the traffic stop, the arrest of Cora, and the admissibility of the collected items of evidence.