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North Carolina Central University Criminal Law & Procedure & Court Processes Discussion

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Respond to this fact pattern (this is an actual case) 

Police officers observed a vehicle swerve into a ditch.  They approached the back of  the vehicle and were met by the driver of the vehicle.  His driver’s side door was still open.  The officers noticed that the driver’s eyes appeared glassy  and dilated.  The officer asked for the registration but he failed to produce it.  Instead, he turned and started walking toward the open door of the vehicle.  The officers followed him and noticed a hunting knife on the floor board of the driver’s side o f the car.  He shined his flashlight into the vehicle and noticed something protruding from under the arm rest.  He lifted it up and found marijuana.

Was the search of the vehicle justified?  Explain why or why not. (To help you respond to the question consider the criminal procedure issue in question, the rule and analysis as you draw your conclusion.) 

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