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Constitutional Law Assignment #5
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Question:
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Speedy is driving down the New Jersey Turnpike at 80 miles per hour. Around the Trenton area, he is pulled over by a state trooper named Officer Sprye for speeding (the speed limit is 65 MPH). Officer Sprye walks up to the driver's window and asks Speedy for his driver's license. Speedy exclaims "Oh. my goodness! I forgot my wallet in my other pair of slacks and I don't have my license on me." Officer Sprye orders Speedy out of the car. As Speedy is exiting the car, Officer Sprye tells him, "You're under arrest for driving without a license." Sprye then reaches over and picks up a bag that is sitting next to the driver's seat.
Sprye opens the bag and find a handgun in the bag. He then places Speedy under arrest for possession of a concealed weapon. He then pats down Speedy and finds a bloody knife in his jacket pocket. It turns out that the knife had been used in a homicide at a nearby gas station.
Speedy is booked for murder and possession of a concealed handgun.
At trial, Speedy argues that:
1) The search of the bag was illegal and thus the gun must be suppressed; and
2) the knife must therefore be excluded as fruit of the poisonous tree.
You are working in the New Jersey District Attorney's office. Please pepare a short memo as to the merits of Speedy's claim based, of course, upon New Jersey case law.
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