Officer John Smith was driving in the far right lane traveling westbound on State Road 408 in the area of the Mills Blvd.
Officer John Smith was driving in the far right lane traveling westbound on State Road 408 in the area of the Mills Blvd. Exit. Also in the right lane was a red 2002 Toyota Tundra about 300 feet in front of Officer Smith. The officer witnessed the truck drift slowly to the right and touch the outside line, but not cross. About a quarter mile later, the truck slowly drifted to the left and touched the line on that side of the lane, but did not cross it. At the same time there was a Honda Civic in the lane to the left of the truck. When the truck drifted toward that lane the driver of the Civic tapped their breaks for a second. Then the truck slowly drifted to the right again and, this time, crossed the outside line by about the width of a tire. At that point, Officer Smith pulled the truck over. He made his way to the truck and requested the driver’s license and registration. A man by the name of Mike Roberts was driving the truck. Mr. Roberts happens to practice Rastafarianism. Like most Rastafarians, Mr. Roberts has dreadlocks. According to Officer Smith, he detected the odor of fresh cannabis. He requested that Mr. Roberts exit his vehicle. The Officer proceeded to search the vehicle and eventually found a mason jar. The jar appeared to have a green leafy substance. On the outside of the jar was a label that said "Girl Scout Cookies," next to which was a box checked "hybrid." Based on the officer’s training and experience he determined the substance in the mason jar was cannabis. At that point, the officer placed Mr. Roberts under arrest for possession of cannabis under 20 grams and issued him a ticket for failure to maintain a single lane in violation of $ 316.089(1) Fla. Stat. Mr. Roberts does not have a medical marijuana license. DIRECTIONS: For your final project I want you to draft an essay arguing whether or not Officer Smith had PROBABLE CAUSE and/or REASONABLE SUSPICION to conduct a traffic stop. DO NOT ADDRESS THE LEGALITY OF THE SEARCH. In your essay you must include the following: 1. The United States Constitutional Amendment that protects people from illegal searches and seizures. Explain the Amendment in your own words. For example, " The __ __ Amendment to the United States Constitution protects individuals from _ (cite)." You must include the CITATION. 2. A Statement of the Facts (Just like we did for case briefs except a little more in-depth and formal. But DO NOT include irrelevant facts). 3. An Issue Statement (Just like we did for case briefs) 4. A Reasoning Section (Just like we did for case briefs except a little more in-depth and formal). 1. Included in the reasoning section must be the Florida Statute that Mr. Roberts is alleged to have violated and its citation. 2. You must also include at least FOUR CASES – think about jurisdiction and level of authority. 5. Finally, include a Conclusion section answering whether or not you think Officer Smith had probable cause and/or reasonable suspicion to conduct a traffic stop.
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