Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 4

Case Problem with Sample Answer-Search and Seizure. Three police officers, including Maria Trevizo, pulled over a car with suspended registration. One of the occupants, Lemon Johnson, wore clothing consistent with membership in the Crips gang. Trevizo searched him "for officer safety" and found a gun. Johnson was charged with illegal possession of a weapon. What standard should apply to an officer's search of a passenger during a traffic stop? Should a warrant be required? Could a search proceed solely on the basis of probable cause? Would a reasonable suspicion short of probable cause be enough? Discuss. [ Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009)] (See Constitutional Safeguards and Criminal Procedures.)