On a Saturday night in Houston, an officer received a tip fr…
On a Saturday night in Houston, an officer received a tip from a convenience store clerk that three people had just left the store acting “nervous” and whispering about “making a move tonight.” The clerk provided a vague description of the group’s vehicle: a dark sedan parked nearby. The clerk had never given information to the police before. The officer soon saw a dark sedan with three occupants pull out of the lot. After observing the vehicle fail to signal a lane change, the officer initiated a traffic stop. The occupants were ordered out of the car. Noticing that two were wearing matching black-and-gold jerseys, the officer thought they might be affiliated with a local gang. The Houston Texans were also playing the New Orleans Saints that weekend. The officer conducted pat-downs. On one passenger, the officer felt a small, hard object in a jacket pocket that might have been a weapon. Reaching in, the officer retrieved a glass vial containing cocaine. The officer then searched the passenger compartment of the sedan, finding marijuana under the seat. Finally, the officer opened the trunk, where a duffel bag contained multiple unregistered firearms. At trial, defense counsel files a motion to suppress all evidence, arguing that the stop, frisks, and searches were unconstitutional at every step. As the criminal court judge, how would you rule on the motion to suppress? Provide your reasoning.
Read DetailsA delegation from Clearview High School in Denver, Colorado,…
A delegation from Clearview High School in Denver, Colorado, returns from an international youth conference called FreedomFest, held in Amsterdam. The group includes ten students and two faculty chaperones, including Mr. Ryan Blake, a social studies teacher known for his “debate on civil liberties” elective. When the group lands at Denver International Airport, Customs and Border Protection (CBP) officers conduct a routine customs inspection of all arriving passengers. During baggage screening, an officer notes a faint odor of marijuana on several students’ clothes but finds no contraband. The officer allows the group to proceed but files a brief report noting “possible drug exposure overseas.” Two days later, the school district superintendent received an anonymous tip that one of the students “brought back edibles” and that “Mr. Blake partied with the kids.” Concerned about liability and media attention, the superintendent orders immediate drug testing of all trip participants — both students and staff — under the district’s “random testing” policy for extracurricular participants. Mr. Blake refuses, citing the state’s legalization laws and his right to privacy as an employee. Meanwhile, the principal instructs the school’s SRO to search the group’s classroom luggage lockers for “any leftover substances.” The officer opens Mr. Blake’s desk drawer, finding a sealed bottle of wine and a small, labeled container of CBD gummies. Both are legal under state law but against district policy. Blake and several students are suspended pending review. The ACLU files suit on behalf of Blake and the students, alleging violations of the Fourth Amendment. Prompt:You are the trial judge. Evaluate the constitutionality of: The airport inspection conducted by CBP officers, The school district’s drug testing of the students and teacher, and The locker and desk searches performed by the SRO at the school. For each, determine what legal standard applies and whether the search or seizure was reasonable under the Fourth Amendment. Explain your reasoning.
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