While on routine patrol, an Alabama police officer observed a motor vehicle on the public roadway with its hazard warning lights
flashing When he stopped to investigate the situation, he encountered a man who was stumbling and staggering and appeared to be intoxicated, but the officer was not initially positive. As he spoke with the subject to gather additional information and as the subject began to fear arrest, the subject discarded what was later determined to be crack cocaine. Upon defendant's prosecution for drug possession,
A) the officer has done nothing illegal that could have coerced the defendant to have tossed away his illegal recreational pharmaceuticals.
B) the evidence should be fully admissible because where a person discards contraband or other property in a public place, there can be no further expectation of privacy in the discarded material.
C) the defendant could successfully argue that the police officer's illegal conduct forced him to toss away his drugs and therefore his abandonment was involuntary.
D) the discarding of crack cocaine was not voluntary because the subject possessed a fear that he would be arrested and crack cocaine would be found on his person in a search incident to an arrest.
E) A and B state correct responses to complete the sentence.
Hello! <em>Functional fixation</em> is the correct answer because is the inability to realize that something we know has a particular use, can also be used to perform other functions (example: The brick ). When one faces a new creative challenge, functional fixation blocks our ability to use old tools in new ways.
