Motion to Suppress the Marijuana Sample Clauses

Motion to Suppress the Marijuana. The court incorrectly denied the motion to suppress the marijuana found in Xxxxx’ s backpack. The issue is whether the police officer conducted an illegal search of Xxxxx’ s backpack. Searches and seizures are governed by the Fourth Amendment which protects against unlawful searches and seizures. Search warrants are normally required in order to lawfully search an individual and seize evidence or weapons. However, a police officer may search an individual without a warrant and seize evidence, weapons and contraband if the search falls under one of the warrantless search exceptions. These exceptions are: (1) search incident to a lawful arrest, (2) automobile exception, (3) plain view and plain feel, (4) hot pursuit, (5) stop and xxxxx, (6) extraordinary circumstance plus probable cause. Here, the search incident to a lawful arrest applies. A police officer may search a person whom he has lawfully arrested by doing a protective pat down for anything which might be a weapon. In New York, a police officer may not seize something unless it feels like a weapon without probable cause under the warrantless exception of a search incident to a lawful arrest. Here, Officer Xxxx lawfully arrested Xxxxx because she was inciting violence and causing a major disturbance with her demonstration. Moreover, Officer Xxxx first requested of Xxxxx that the marchers disperse, and only arrested her after she did not comply and continued to incite violence. However, once he had arrested Xxxxx, Officer Xxxx was only permitted to do a pat down search for weapons, to protect himself. Here, Officer Xxxx proceeded to search her backpack after she had already been placed in jail and posed no threat to him or anyone else. Any evidence that is discovered through an illegal search is not permitted to be used as evidence and is also excluded under the exclusionary rule. Here, the marijuana was discovered pursuant to an illegal search, and therefore it must be excluded as well. Thus, the court incorrectly denied Xxxxx’ s motion to suppress the marijuana.
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