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July 5, 2023
CH 13 A2
LEST 330
To: Legal Research
From: Haley S. Rumsey, Paralegal
RE: Search and Seizure
Date: July 5, 2023
Facts
A college student, Joshua accepted a ride with two acquaintances he didn’t know. The vehicle
Joshua was riding in was pulled over, and the officer claimed that the window tint on his car was
too dark. The office used a tint meter and discovered that the tint complied with Florida statutes.
The Officer then wished them a nice day and started to walk away. He then returned to the
window and asked Mike, the driver, if he would mind if the officer searched the car and all its
containers. Mike said, “I guess not.” The students had a conversation in the back of the patrol car
where remarks were made about whether it was a good idea to have allowed the officer to search
the vehicle. Their conversation was being recorded unknowingly to the students. The officer
found 300 grams of hail and believed it was packaged for distribution. The officer ran the names
of all three students. When it came back, there was a warrant out for the two students for cocaine
distribution. All three students were arrested for the drugs, while Joshua was unaware of the
drugs in the car, nor did anything come back for him when the officer ran his name.
Issues
1.
Was the search of Mike Cooper’s Car constitutional?
2.
Can the recording in the back of the patrol car be suppressed?
3.
Did the officer have probable cause to arrest Joshua Smeek?
Answers
1.
Yes, the window tinting on Mike’s car was questionable to the officer. The officer was
incorrect in thinking the tint was too dark after testing, resulting in a minor error.
2.
No, the court will not suppress the conversations made in the back of the patrol car
under 18 U.S. Code
§ 2510; there is a right to recording with the equipment used by
law enforcement.
3.
Yes, with the recording, the officer has probable cause to arrest Smeek.
Reasoning
1.
A police officer must have reasonable suspicion or probable cause to initiate a traffic
stop under the fourth amendment. In the US v. Chanthasouxat case, the court found
July 5, 2023
CH 13 A2
LEST 330
that the officer’s misinterpretation was reasonable suspicion to initiate the traffic stop.
The tinted windows on Cooper’s car caused the traffic stop due to Florida’s tint laws.
Based on the lighting conditions at the time, the officer could have made a mistake of
fact.
2.
In both the Smeeks and Chanthasouxat cases, the individuals were placed in the
patrol car once verbal permission was given for the officer to search the car. Once in
the vehicle, the defendants had no right to privacy under 18 U.S. Code
§ 2510 with
the equipment used daily by officers. Due to the ruling that Chanthasouxat stop was
illegal, all other evidence was dismissed. Smeeks was a lawful stop, and everything
obtained can be used as evidence.
3.
In the case of Brendlin v. California, the court defined his seizure as an example of a
reasonable person, meaning no reasonable person would have felt free to go. The
court ruled that Brendlin was illegally detained, and all evidence became
inadmissible. Under the Fourth Amendment, Smeek had no interest or knowledge of
the items in the vehicle. His rights were not violated, which could be considered
illegally detained while the search was underway.
Separate Reasoning and Conclusion
1.
A mistake of fact is excusable under the Fourth Amendment. The officer had probable
cause to stop the vehicle making the stop constitutional.
2.
Since the traffic stop was constitutional and did not violate any rights of the Fourth
Amendment, the recording would not be suppressed.
3.
As the recording would not be suppressed and the officer could use the recordings as
evidence, this gives reasonable suspicion of Smeek’s involvement.
Reference:
Bast, C. M., & Hawkins, M. (2013). Foundations of legal research and writing (Fifth). Delmar
Cengage Learning.
Findlaw's United States Eleventh Circuit case and opinions. United States v. Chanthasouxat, 342
F.3d 1271 (11th Cir. 2003) Findlaw. (n.d.). Retrieved July 5, 2023, from
https://caselaw.findlaw.com/us-11th-circuit/1292983.html.
Legal Information Institute. (2007, June 18).
Brendlin v. California Legal Information Institute. Retrieved July 5, 2023, from
https://www.law.cornell.edu/supct/html/06- 8120.ZS.html.
Legal Information Institute. (n.d.).18 U.S. Code § 2510 - definitions. Legal Information Institute.
Retrieved July 5, 2023, from https://www.law.cornell.edu/uscode/text/18/2510
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