Discussion
As you have learned, the Fourth Amendment was designed to protect citizens from Unreasonable Searches and Seizures by the Government. With many states either legalizing or decriminalizing the recreational use of marijuana it is widely believed that soon the United States Supreme Court will take up a case that involves searching a motor vehicle without a warrant based on the odor of marijuana under the Carroll Doctrine.
Do you believe that the odor of marijuana gives the police authority to search a motor vehicle under the Carroll Doctrine in jurisdictions where marijuana is either legalized or decriminalized an ounce or less of marijuana?
You MUST be specific in your discussion as mere opinions will not be allowed. Back your opinion up with facts, data, and CASES. Cite your data and cases that you use. The more thorough your discussion is the more points you will receive. Worth up to 50 points.
Instructions:
Identify as many Searches and Seizures as you can in the below fact pattern. Then state whether or not it was a valid Search or Seizure and WHY or WHY NOT. If any evidence is seized state whether or not it would be admitted at trial and why or why not.
Identify every Search and Seizure Issue in the scenario
Determine the constitutionality of EVERY Search and Seizure Issue
Explain why the Search and Seizure Issue is or is not constitutional
Even if a Search and Seizure Issue is constitutional you MUST still explain why it was constitutional in the same manner
If exceptions to the Search Warrant requirement are used you MUST state the exception, explain the requirements for it, and apply it properly to the search
If evidence is seized you must state whether or not the evidence would be admitted or excluded in court
