CJ227: Criminal Procedure
Purdue Global University
, Introduction
This case analyzes what Officer Adams did and did not do during a nighttime traffic stop, and the
legality of her actions under the Fourth Amendment of the U.S. Constitution. It answers the following
issues: Officer Adams’s own bias, the probable cause for the initial stop, the permissibility of the pat-
down, whether there were dire conditions that made it reasonable to pursue the vehicle, whether the
plain view doctrine applies to the finding of the gun, and whether the baggie of marijuana in the driver’s
pocket was lawful.
1. Influence of Personal Bias on Decision-Making
Officer Adams’ inner voice saying to the driver, "another one of those people we need to get off
the street," indicates bigotry. The Supreme Court has made it clear that the police are supposed to act
reasonably and on probable cause — not on their own biases or stereotypes. Whren v. United States,
517
U.S. 806 (1996): Subjective motives of police do not preclude objectively reasonable stops. But such
biases damage public confidence and are even grounds for constitutional violations if they drive
practices such as profiling.
2. Reasonable Suspicion for the Initial Stop
The Fourth Amendment allows for rudimentary investigations stops when an officer has a
specific, objective reason to believe the person being stopped is guilty of a crime. In Terry v Ohio,
392
U.S. 1 (1968), the Court ruled that the police officer is entitled to pull over a suspect on the street and
stop him or her without probable cause to arrest, if the police officer believes with reasonable certainty
that the suspect has, is, or is likely to commit a crime and has reasonable cause to believe that the
suspect "may be armed and presently dangerous".
Officer Adams observed here a car with a damaged taillight wrapped in colored tape, an
indicator of a traffic accident. This was a very good reason to put in for a traffic stop. Further explanation:
the car appeared similar to one being a getaway car on a recent murder case.
3. Legality of the Pat-Down