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MMLU / A defendant was smoking marijuana as he was driving home from work one…

Problem

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question

A defendant was smoking marijuana as he was driving home from work one afternoon. A police officer approached him on the freeway and stopped the car to issue a citation for speeding. As the defendant handed the officer his driver's license, the officer smelled burnt marijuana, saw the joint, and saw an open envelope on the seat next to the defendant containing a substance that looked like marijuana. The officer ordered the defendant out of the car, arrested him for unlawful possession of marijuana. The officer then searched the defendant and found a sealed envelope in the defendant's back pocket. Without asking the defendant's permission, the officer opened the envelope and discovered that it contained cocaine. The officer then unzipped one of the jacket pockets on the jacket the defendant was wearing and found more cocaine and arrested the defendant for possession of cocaine. The defendant was taken to the police station and immediately escorted to an interrogation room. He was given his Miranda warnings, waived his rights, and gave a statement admitting to possession of cocaine and marijuana. Which of the following is a correct statement of the applicable legal principles regarding the search of the defendant?

choices

  1. When a police officer has made a lawful custodial arrest of an individual, he may, as a contemporaneous incident of that arrest, search the person of the individual.
  2. The exclusionary rule requires that if an officer conducts an unconstitutional search, the evidence acquired in the course of the officer's subsequent activities is inadmissible.
  3. If an individual effectively consents to a search of their person, the evidence gathered during the search is admissible.
  4. One who drives an automobile on a public highway does not have a legitimate expectation of privacy.

subject

professional_law

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Source and history

task_id
cf8f8a4a-eaf4-5add-a7c3-108b806c82d1
task_key
all--test--cf8f8a4a-eaf4-5add-a7c3-108b806c82d1
task_revision_id
1
config / split
all / test

Official source

initial import