Author Question: An officer who smells marijuana as he drives by a car with an open window: a. cannot compel the ... (Read 11 times)

DyllonKazuo · **on:** Aug 16, 2018

An officer who smells marijuana as he drives by a car with an open window:

a. cannot compel the driver to stop the car so he can investigate without a warrant.
b. is limited to noting the license plate number of the vehicle and initiating a stakeout of the owner's home inorder to gather additional evidence.
c. is authorized to stop the car to investigate without a warrant or probable cause because it is a plain searchand outside the scope of the Fourth Amendment.
d. is authorized to stop and investigate because he has probable cause under the Fourth Amendment.

Question 2

According to the plain view doctrine:

a. plain view is an exception to the search warrant requirement.
b. plain view is a Fourth Amendment search.
c. plain view observations always fall outside of the Fourth Amendment restrictions.
d. once in plain view, an item may be searched to confirm that it is able to be seized.