Criminal Evidence 9 Essay Example | Topics and Well Written Essays - 250 words

Criminal Evidence 9 - Essay Example The search and seizure laws are prescribed under the Reasonable Expectation of privacy. The right of the passenger was violated, and anything found cannot be used as evidence against the passenger (Creamer, 1980). In essence, I absolutely agree with the Supreme Court. According to the ruling held by the Court of Appeals, the search of a locked counsel of the automobile was unreasonable since the driver had allowed the officer to search only the inside of the vehicle. The court based its decision on the test held by the Florida Supreme court in the case between the state verses Wells 539 So. 2D 464, in which the court held that, an individual has two exceptional interests that must be safeguarded (Florida v. wells, 1990). In this case, it was held that, the locked console in the drivers car was an illustration that the contents were private, and if the officers wanted to access the locked counsel, they would have requested for the key or even use force to open it. Similarly, in our case scenario, it was impartially rational for the police officers to believe the driver’s consent to search only the inside of the vehicle and access everything inside the case, since they were not limited to search. Therefore, they had the consent to search even the brown paper bag. The evidence found should therefore be used against the defendant because the drugs were found inside the car with the drivers consent (Creamer,