Question

Case 3.2
Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway. Sam is extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled clear plastic bags containing a white powdery substance on the floor just below the glove box.
While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or container in plain view within the passenger compartment. They search the trunk and find two pounds of raw marijuana. The arrest and search are captured on the patrol unit dash camera system. Sam Appleton is charged with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with the intent to distribute, and possession of drug paraphernalia.

Prior to trial, Sam's defense attorney challenges the admissibility of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment. This challenge is referred to as a(n) _____.
a. competency hearing
b. affirmative defense
c. writ of habeas corpus
d. motion to suppress

Answer

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