Zach was stopped around 11:00 p.m. on Saturday night at a roadblock the police had established on a city street to check for drivers who were under the influence of alcohol. As Officer Williams approached Zach's car she used her flashlight to look into the car and observed what appeared to be a machinegun on the back seat. She ordered Zach out of the car and arrested him. Officer Williams placed Zach in the backseat of her patrol car. She then searched Zach's car and found a bag of counterfeit $20 bills under the driver's seat and a box containing ten stolen iPods in the trunk. Is the machine gun admissible under the Plain View Doctrine?
A) Yes, the police are allowed to seize any illegal guns they observe in order to protect the public.
B) Yes, an officer who has legally stopped a car has the right to shine a flashlight into the car.
C) No, only evidence of intoxication is admissible when a roadblock is established to detect drivers who are under the influence of alcohol.
D) No, officers are not allowed to use flashlights to help them observe evidence under the Plain View Doctrine.
Correct Answer:
Verified
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