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Loud Music Legal Case

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In this case, the officer had every right to stop the van for its loud music, because it was violating the city’s noise ordinance, and could be considered a disturbance to the public. The officer had every right to give this person a ticket for the loud music, also if you are going to try and search a person, witch I think the officer was going to do because of his past with drugs. If you don’t write the ticket for the reason of the stop, the defendants layer could get this dismissed on this alone, the officer had mere suspicion that their might be drugs in his van, witch would fall under standards of proof. When the officer asked if he could search him, the driver did give him consent. This would fall under the 4th amendment “field interrogation” also “stop and frisk”. When the officer didn’t find any drugs he then asked if …show more content…
At this time the officer would not be justified for going into the van. He did not have probable cause, because when he didn’t find any drugs on the driver and with a “whatever” response when asked to search the van, the officer should have stopped at this time. every person has the right to stop, or say no to any search at any time. The exclusionary rule would apply to the driver because he didn’t give permission to go into the van. When the officer found the drugs, they were illegally seized and should have never made it into court as evidence. In my opinion the officer should have called for k-9, if possible, or have gotten a “yes” or “on” from the driver, also he should have tried to get a signed consent form for the search of the van. As for the drivers 4th amendment rights, they were violated, the officer did not have any right to search or seizure of the drugs, or the paraphernalia, and the driver has every right to appeal the courts decision because his 4th amendment rights where violated. In this case the appeals court did approve the decision

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