Discussion 5

Liz is observed speeding by Off. Radar. While obtaining Liz’s driver’s license and registration, Off. Radar notices that Liz has a pile of Apple iphone boxes in her front passenger seat and on the floor of the front passenger side. When asked why she had so many phones, Liz mumbled something unintelligible. When asked if she had a receipt for the phones, she said no. Believing Liz was in possession of stolen phones, Off. Radar ordered Liz out of the car, handcuffed her and had her sit on a curb while he searched the interior of Liz’s car. Liz was later arrested for possession of stolen property and challenged the search of the car.

1. Will Liz be successful in her challenge to the search of her car? If so, why? If not, why not?

2. If Off. Radar’s search included a search of the trunk, would it be justified under U.S. v. Ross? (discussed on pages 164 and 167 of textbook) If so, why? If not, why not?

Please use the PDF textbook or PowerPoint as references/sources