The search warrant must contain specifics about the location to be searched and the objects being sought. What is the legal burden of proof that is required to obtain a search warrant?
A) Reasonable suspicion
B) Probable cause
C) Clear and convincing proof
D) Proof beyond a reasonable doubt
Question 2
A police officer responds to an armed robbery and sees the suspect wearing a ski mask and carrying a gun get into a car. The police officer pursues the suspect and there is a car chase. Eventually the suspect stops and surrenders to police. After the suspect is arrested, handcuffed, and put into the back seat of a patrol car, the suspect vehicle is searched. Subsequently, a ski mask, a 9mm handgun, and 41,302 cash is recovered by the officer.
Based on the Gant decision, what is the likely disposition of the physical evidence that was recovered by the officer?
A) The evidence is likely to be suppressed because the officer did not obtain consent.
B) The evidence is likely to be suppressed because the officer did not obtain a warrant.
C) The evidence is likely to be admitted because it is reasonable to believe the vehicle contained evidence of the arrest.
D) The evidence is likely to be suppressed but under the rule of law, the property must be returned to the rightful, lawful owners.
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