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, QUESTION 1- Adam is walking in a train station with a briefcase in his hand. The police
have probable cause to believe there are drugs in the briefcase. Can the police stop Adam to
search the briefcase without a warrant?
The American police stop and frisk thousands of individuals on grounds of suspicion.
During these stops, individual’s rights to be free from unwarranted intrusion into personal
privacy by government authorities conflict with the duty of the agents responsible for prevention
of crimes and apprehension of criminals. Although the action of the police to stop Adam and
search his bag and searching his briefcase for drugs without a warrant amounts to violation of his
right to privacy, this situation is a typical presentation of formidable dilemma. On one hand,
Adam is entitled to the right to be free from random police encroachment into his privacy. On the
other hand, in order to have effective security in public places, the law enforcers should be given
discretion to stop and interrogate suspected individuals.
QUESTION 2- The police have probable cause to believe there are drugs in Adam’s
briefcase. Adam walks out of the train station and gets into his car. He puts the briefcase inside
the car and drives away. Two blocks away, the police stop the car and search the briefcase
without a warrant. Is the search legal?
The American constitution protects individuals from random seizures and searches by
police officers. The Fourth Amendment of this constitution dictates that the people’s right to stay
secure in terms of their houses, papers, effects, against random seizures and searches should not
be violated. The act of stopping and searching of Adam’s bag without a warrant amounts to