Question
Young Sam was driving along smoking what appeared to be a hand-rolled cigarette, when a police officer happened to pull along side of him, and notice him smoking. The officer pulled behind Sam to observe Sam’s driving, when he observed Sam open his car window and throw out both the cigarette he had been smoking, and a small plastic bag that was partially filled with dark material. Noting the plate number on Sam’s car, the officer went back to where he observed Sam throw the things out the car window, and he retrieved those items. The officer concluded that both the contents of the plastic bag and the cigarette were marijuana, and so he went out and found Sam and arrested him. The plastic bag and cigarette are
A Inadmissible as evidence because the officer did not have a warrant to seize those items off the street.
B Inadmissible as evidence because during the brief time the officer followed Sam, the evidence was outside his chain of custody.
C Admissible against Sam because the items were thrown out into the open, and therefore not subject to 4th Amendment protection.
D Inadmissible as evidence because the officer had no probable cause to search for them.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 12 Constitutional Constraints
