Next Generation Bar Exam Quiz
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An associate must prepare a suppression memo on whether a handgun found in a car's glove compartment after the driver's arrest will be suppressed. The facts: the driver was arrested for driving with a revoked license and was handcuffed in the back of a patrol car when an officer searched the glove compartment; the officer also smelled burning marijuana when he approached the vehicle. The associate has gathered:
Source 1: Williams v. State, State A Supreme Court (2019): 'A warrantless search of a vehicle incident to the arrest of a recent occupant is permissible only if the arrestee is within reaching distance of the vehicle at the time of the search or the officer reasonably believes that the vehicle contains evidence of the offense of arrest.'
Source 2: State A Code § 52-7: 'A law enforcement officer who has probable cause to believe that a motor vehicle contains contraband or evidence of a crime may search the vehicle, including any closed container within it, without a warrant. For purposes of this section, probable cause may be established by the officer's detection of the odor of a controlled substance.'
The associate must advise whether the gun is admissible.
Which statement best characterizes whether the sources are sufficient for the suppression memo?
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