Assignment: Criminal Procedure & Evidence

Module: Searches of Houses, Places, Persons and Vehicles

Project 1

Your Project 1 assignment is due at the end of Module 4. You should begin to gather research materials in this Module. The Project 1 assignment is to write a position paper of 1000-1250 words with respect to the following:

One night Terry borrowed a friend's car so that Terry and a friend, Kim, could get to their jobs at the hotel where they worked as servers in the cocktail lounge. In order to be able to stay awake and alert on their shift at the restaurant, they took some amphetamine tablets that they got from their roommates, who are students at the local law school. While Terry and Kim were driving toward the restaurant, for no apparent reason, a police officer stopped the pair. The officer explained that the license plate was not plainly visible as the officer drove behind them. Once they stopped, the officer could see the license plate, and the proper registration stickers were evident. The officer seemed to have a particular interest in Terry, the driver. The officer decided to search the interior of the car. The officer found the bottle of amphetamine pills in the glove box of the car near where Kim had been sitting. Terry and Kim explained that the car did not belong to them and that Terry had borrowed it from a friend. The officer called for a K9 certified in detecting the odors of illegal drugs. The K9 located a small used marijuana pipe under the driver's seat. Terry claimed ignorance of the pipe. After their respective arrests, the officer found recreational amounts of marijuana in Terry's and Kim's pockets. Terry and Kim are hopeful that all the evidence of drug possession can be excluded from admission in evidence due to a Fourth Amendment violation.

Can either Terry or Kim, or both, successfully suppress the evidence of amphetamine possession from their upcoming trials? Can they suppress the evidence of marijuana possession? Can they suppress the evidence of marijuana pipe? Are both defendants in the same legal position? Explain fully, giving proper legal rationales for your decisions. State the legal doctrine that applies to each component of the facts recited; apply the facts to the legal standard, and come to a definite conclusion as appropriate, supporting your conclusion with the legal doctrine.