Question

Steve was arrested in a rest stop by a police officer for speeding on the highway. He was arrested about ten yards from his car. The officer nonetheless searched the car and found illegal weapons. At trial, Steve sought to exclude the weapons, saying they were not in immediate control when seized. You are the judge. Will you admit or exclude the evidence? Discuss the case history of this issue and then justify your ruling.

Answer 1

The evidence should be excluded, so long as there is no reason for the weapons to be considered (ie. past criminal record, violence at the scene). The Fourth Amendment protects against unreasonable searches and seizures. The officer is clearly violating the civil liberties of Steve by searching his car without probable cause (speeding presents no reason for searching the car).