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Imelda was on a Greyhound bus that pulled into a rest stop. After all of the passengers had exited the bus to buy refreshments, stretch their legs, and do other things, Officer Duran boarded the bus with Jacq, a trained drug detection dog, and performed a drug sweep. The sweep consisted of removing all bags located in overhead compartments, placing them on the seat below, and having Jacq sniff them. Jacq alerted to a maroon bag.
Officer Duran put all the bags back in the overhead compartments before the passengers returned to the bus and, after they reboarded, inquired whether any of them owned a maroon bag. When no one claimed the maroon bag, Officer Duran removed it from the bus, opened it, and examined the contents. On discovering 24 grams of crack cocaine, along with a driver’s license with Imelda’s picture on it, the officer reboarded the bus and arrested her. At her trial for possession of cocaine, Imelda moved to suppress the evidence on the grounds that it was obtained through an illegal search and seizure.
Answer the following questions defending your assertion as it applies to current Constitutional law. Your paper should be 1000 words or more.
1) Did Officer Duran’s removal of Sam’s bag from the overhead compartment and putting it on the seat below constitute a seizure within the meaning of the Fourth Amendment? Explain using terminology from the lesson and properly cited case law.
2) Did exposing Imelda’s bag to an examination by Jacq constitute a search? Explain using terminology from the lesson and properly cited case law.
3) Did Officer Duran’s removal of Imelda’s bag from the bus when no one claimed it constitutes a seizure?
4) Did Officer Duran’s subsequent opening of Imelda’s bag and examining the contents constitute a search?
Remember to address the following questions in the paper:
1) Was it a seizure: Did the removal of the bag constitute a seizure? Apply the appropriate case law
2) Was it a search?: Did the exam constitute a search? Apply the appropriate case law.
3) Removing the bag: Was it a seizure after it was not claimed? Why?
4) Was it a search?: Did Officer Duran’s subsequent opening of Imelda’s bag and examining the contents constitute a search? Why/why not?
Be mindful that I absolutely DO NOT want any direct quotes or citations to be used in this paper. DO NOT use any outside sources to cite, only use what has been provided above. However you may research by looking at outside sources but under no circumstances should you be citing them in this paper, please use your own words and use academic language.
