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An Officer Has Made a Lawful Arrest of a Motorist

Question 38

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An officer has made a lawful arrest of a motorist for driving while intoxicated (DWI) . The officer searches the passenger compartment of the car but finds nothing of interest. He then searches the trunk where he finds a bag of what appears to be marijuana. Which requirement of the plain view doctrine is not fulfilled (or has been violated) ?


A) prior valid intrusion
B) incriminating nature immediately apparent
C) probable cause item subject to seizure
D) inadvertent discovery

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