Question
While in the building, the officer observed that Sam discarded an item from his pocket as he was running away. After the officer handcuffed Sam, he retrieved the item that he had observed being discarded. This turned out to be a packet of heroin. Sam claimed that the officer should have gotten a warrant to search for the heroin, because the “exigency” of the chase was over once Sam was arrested. The officer claimed that people were entering and exiting the building and he was concerned the evidence would be lost or taken by someone. The court would most likely find
A That a warrantless search is unlawful.
B That there was no probable cause for the officer to retrieve the item Sam discarded.
C That a warrant was not necessary since there was sufficient probable cause, and the evidence was at risk of being tainted or destroyed unless the officer acted quickly.
D That Sam had no reasonable expectation of privacy.
This question is taken from PLGL 141 – Civil and Criminal Evidence » Fall 2023 » Quiz Chapter 12 Constitutional Constraints
