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Question
Case 14.3Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat. The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.
The drugs found on Caitlin:
a. are admissible because she was suspected of drinking underage.
b. are inadmissible because she was suspected of drinking underage not drug possession.
c. are inadmissible because Andretti lacked probable cause to search for drugs.
d. are admissible because she was arrested for her assault on Andretti.
Answer
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