Bar Exam — MBE (Multistate Bar Exam)Criminal Law and ProcedureMedium
A defendant, driving a car with a malfunctioning headlight, is pulled over by a police officer. The officer, observing the faulty headlight, asks the defendant for his driver's license and registration. The defendant, appearing nervous, fumbles through his glove compartment. As he does so, the officer observes a small, clear plastic bag containing white powder partially obscured by papers. Based on this observation, the officer orders the defendant out of the car and seizes the bag. A field test confirms the powder is cocaine. The defendant moves to suppress the evidence. Which of the following is the most likely outcome?
- AThe evidence will be suppressed because the traffic stop was a pretext for a drug search.
- BThe evidence will be admissible under the plain view doctrine.
- CThe evidence will be suppressed because the officer did not have probable cause to search the glove compartment.
- DThe evidence will be admissible under the automobile exception to the warrant requirement.
Show answer & explanationAnswer & explanation
Correct answer: B. The evidence will be admissible under the plain view doctrine.
The officer lawfully stopped the vehicle, was lawfully in a position to observe the evidence (glove compartment), and the incriminating nature of the white powder was immediately apparent, satisfying the plain view doctrine.
Why the other options are wrong
- A. An officer's subjective motivations for a stop are generally irrelevant if there is an objective basis for the stop (faulty headlight).
- C. The officer did not 'search' the glove compartment; the evidence was observed during a lawful request for documents.
- D. The automobile exception requires probable cause that the vehicle contains evidence of a crime, which was met by the plain view observation, but plain view is the more direct and primary justification for the seizure here.
Plain View Doctrine (Fourth Amendment)
Allows law enforcement to seize evidence without a warrant if an officer is lawfully present, the item is in plain view, and its incriminating character is immediately apparent.
- Officer must be lawfully in the viewing area.
- Item must be in plain sight (open to the public or visible during a lawful action).
- Incriminating nature of the item must be immediately apparent (probable cause).
- Does not require a 'search' to occur.
Memory trick: Plain View: 'See it, Seize it, Legally!'