Inicio
/
Derecho
/
When It Comes to a Vehicle and Frisks , What Part of a Vehicle Can Be "frisked "? a Only the Area That Is Within Reach of the Suspect

Problemas

When it comes to a vehicle and frisks , what part of a vehicle can be "frisked "? a only the area that is within reach of the suspect including the locked glovebox and trunk b the whole car c only the person that was in the car can be searched d only the area that is within the reach of the suspect

Roztwór

Vicente élite · Tutor durante 8 años
Weryfikacja ekspertów
4.5 (311 Votos)

Respuesta

The correct answer is 'a'.

Explicación

## Step 1The problem is about understanding the legal rights of individuals in relation to vehicle searches, particularly in the context of frisks. A frisk is a type of search that is less intrusive than a full search, typically conducted by law enforcement officers. The question asks which part of a vehicle can be "frisked".## Step 2The options provided are:a) only the area that is within reach of the suspect including the locked glovebox and trunkb) the whole carc) only the person that was in the car can be searchedd) only the area that is within the reach of the suspect## Step 3The correct answer is option a) "only the area that is within reach of the suspect including the locked glovebox and trunk". This is because, according to the Fourth Amendment of the U.S. Constitution, individuals have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that law enforcement officers cannot search a vehicle without a warrant unless there is a reasonable belief that the vehicle contains evidence of a crime.## Step 4The Supreme Court has ruled that a vehicle can be searched without a warrant if the officer has a reasonable belief that the vehicle contains evidence of a crime. This is known as the "automobile exception" to the Fourth Amendment. However, the search must be limited to areas where there is a reasonable belief that evidence of the crime might be found.## Step 5In the context of a frisk, the search is limited to areas within the suspect's immediate reach. This is to ensure that the search is not overly intrusive and that it is focused on areas where evidence of the crime might be found.