An officer observes an individual talking with known drug addicts over a period of several hours. The officer eventually approaches the individual and pulls illegal drugs out of the suspect's pocket after the suspect has thrust his hand into his pocket first. The officer testifies that he never saw nor believed that the suspect had a weapon. What position would the courts most likely take pertaining to this seizure?

Question

Quizplus · Accepted Answer

The officer did not have probable cause to conduct a search and seizure. The individual's actions of talking with known drug addicts does not establish probable cause to conduct a search. The suspect thrusting his hand into his pocket does not create a danger that would have justified a warrantless search. Therefore, the courts would most likely throw out the search as an illegal seizure.

An Officer Observes an Individual Talking with Known Drug Addicts