Warrantless Search of Vehicles

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An officer noticed a car with its tail light out and stopped it. He asked the driver for license and registration and noticed that there was a passenger in the car. The driver informed the officer that he was driving his friend home and the car belonged to his friend. The officer asked both of them to come out of the car and look at the tail light. When they stepped out, the officer noticed that the man who owned the car was intoxicated. He stumbled while stepping out of his car and had slurred speech.

The officer flashed his light around in the car and saw a few empty beer cans. The owner was sitting on the grass near the car and looking nauseous. The officer asked him if it was all right to look inside his car. The owner put his hand up, waved, and said “Whatever, go.” Then the officer searched the car.

He looked in the area between the seats and reached under them. There he found crack cocaine rocks. After this discovery, he arrested both the driver and the owner of the car.

Prepare a report in Microsoft Word to advise the prosecution on the admissibility of the evidence. Cover the following points:

Was the officer given proper consent to search the car under Schneckloth v. Bustamonte (1973)? Explain. https://supreme.justia.com/cases/federal/us/412/218/
Should the officer have asked the driver or car owner for consent under Illinois v. Rodriguez (1990)? Why?
If proper consent was provided, was the officer allowed to search under the car seat under Florida v. Jimeno? Explain. https://www.oyez.org/cases/1990/90-622
What factors could be added to the scenario to strengthen the admissibility of the cocaine seizure? Why? What factors, if added, would weaken the admissibility of the cocaine seizures? Explain.

Sample Solution

Firstly, Vittola argues after a war, it is the responsibility of the leader to judge what to do with the enemy (Begby et al (2006b), Page 332).. Again, proportionality is emphasised. For example, the Versailles treaty imposed after the First World War is questionably too harsh, as it was not all Germany’s fault for the war. This is supported by Frowe, who expresses two views in jus post bellum: Minimalism and Maximalism, which are very differing views. Minimalists suggest a more lenient approach while maximalist, supporting the above example, provides a harsher approach, punishing the enemy both economically and politically (Frowe (2010), Page 208). At the last instance, however, the aim of war is to establish peace security, so whatever needs to be done can be morally justified, if it follows the rules of jus ad bellum.
In conclusion, just war theory is very contestable and can argue in different ways. However, the establishment of a just peace is crucial, making all war type situation to have different ways of approaching (Frowe (2010), Page 227). Nevertheless, the just war theory comprises of jus ad bellum, jus in bello and jus post bellum, and it can be either morally controversial or justifiable depending on the proportionality of the circumstance. Therefore, there cannot be one definitive theory of the just war but only a theoretical guide to show how wars should be fought, showing normativity in its account, which answers the question to what a just war theory is.

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