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Two police were patrolling in a high-crime neighborhood. They noticed a parked car with two people inside ( a drive and a passenger). The officer saw a young woman leaning into the passenger’s window and handing the passenger an object, which they could not identify. At this point they approached the car and the woman began to walk aways.
1. One of the officers noticed the passenger making a shoving down motion, leading the officer to beieved that the passenger might be armed. The officer drew his gun and shouted ‘ let me see your hands ‘. After making more shoving down motons, the passenger complied. The officer reached into the car and touched a bulge in the passenger’s pocket. He felt large, hard objects which he believed to be rocks of crack cocaine. He then removed a plastic bag activity.
In the past, the officer had responded to calls from the bar for everything from murder tp public intoxication. The officer testifed that he stopped to see if the individuals were committing a crime, lived in the area, or had some other concern. When the officer pulled behind the car and illuminated the car with his spotlight, he observed the passenger fumbling with something on the floorboard. As the officer was checking for identifiation, he noticed a bullet on top of the console of the car.
The officer had the individuals step out of the car to ensure that they did not have weapons. After frisking them forweapons, the officer looked in the area where he observed the passenger fumbling with something to see if he was hiding a gun. The officer said he was checking this area for safety and to make sure that nobody would get hurt. The officer observed a 12-pack of beer on the floorboard and checked inside for a gun. When he moved the carton, he found a small baggy underneath it containing a controlled substance.
Should the passenger’s motion to suppress the controlled substance be granted?