By Matthew Walsh, VI Form

A Fourth Amendment Opinion

An Eastborough College student, petitioner Mike Smith, was driving his car near campus when Officer Frank Jones recognized Smith’s car as one that he had stopped a few weeks prior. After following Smith for three blocks, Officer Jones observed Smith swerve past the median line—a traffic violation. He promptly pulled Smith over. While the car’s passenger, John Brown, was discernibly intoxicated, Smith exhibited no signs of drunkenness. However, when asked to walk in a straight line, Smith failed, and he refused to take a Breathalyzer test. In response, Officer Jones returned to his squad car, procured a “sniffer” device, and, without Smith’s consent, tested Smith’s blood alcohol content (BAC) using the device. The device showed that Smith’s BAC exceeded 0.08%, the legal limit for driving. 

Officer Jones then arrested Smith for drunk driving, handcuffed him, and searched him. He found a pack of rolling papers, which Officer Jones interpreted as drug paraphernalia for marijuana cigarettes. Thus, Jones secured Smith in a police cruiser and subsequently searched his car. Upon finding a small, locked container, Jones broke the lock and discovered heroin. The State of X has charged Smith with drunk driving and possession with intent to distribute heroin, but Smith has moved to suppress all evidence obtained during the traffic stop, arguing that the searches and seizures that occurred violated the Fourth and Fourteenth Amendments. (more…)