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MMLU / A police officer observed two men acting suspiciously in front of a convenience…

Problem

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question

A police officer observed two men acting suspiciously in front of a convenience store. They paced back and forth, walked around the store, and periodically looked in the window. The experienced officer feared that these individuals were most likely "casing" the place prior to robbing it. He approached, identified himself, and patted down the outer clothing of each. He found a hand gun in each man's pocket and arrested them for carrying concealed weapons. Will the court suppress the guns on the basis that there was no probable cause and the search was unconstitutional?

choices

  1. Yes, because there was no probable cause to believe that a crime was being committed.
  2. No, because the officer had reasonable suspicion to believe that there might be criminal activity afoot.
  3. No, because the officer did have probable cause to believe that a crime was being attempted.
  4. Yes, because the officer is not allowed to take anything out of the men's pockets while conducting a pat-down.

subject

professional_law

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