Sam Green was riding his bicycle along a road that was under construction; although he was riding against traffic instead of with traffic as required by law, he was off the pavement at the time Officer Smith saw him. Officer Smith was on patrol looking for people who might have warrants, and he stopped Green for a traffic infraction. He asked Green for identification and where he was headed; Green provided an Arizona identification card and said that he was going to his mother's house. Smith then asked Green if he had any drugs or firearms on him, and Green admitted he had some cocaine in his pants pocket. Smith searched Green's pockets and found the cocaine and placed Green under arrest. Smith then placed Green in the patrol car and ran Green in the computer and discovered an arrest warrant for failing to appear for court for a misdemeanor. Officer Smith then told Green that he was interested in investigating drug crimes because he was looking to be promoted to detective. He offered to cite and release Green for drug paraphernalia (a misdemeanor) and give him a warning on the warrant (which he was permitted to do), instead of booking him in jail on the warrant plus a felony cocaine charge, if Green would wear a wire and conduct a cocaine buy and allow Officer Smith to arrest the dealer. Green agreed, and Officer Smith warned him that if the buy was not successful, Green would later be charged with cocaine possession. Wearing the wire, carrying $100 of marked money, and Officer Smith listening in, Green went to a house, knocked, and was allowed entrance. Officer Smith could hear at least three different male voices, and one of the other voices twice refused to sell cocaine until Green begged that he needed it. Green came out of the house and gave Officer Smith the cocaine he had just acquired. Officer Smith gave this information to a detective who got a search warrant. Officers found the marked $100 on the kitchen table and two men inside, both of whom demanded to know what was going on. Detectives brought both men to Officer Smith, who identified one of the men, Jones, by his voice as the person who sold the cocaine. After the other officers arrested Jones, Officer Smith then went to Green's house and arrested him for cocaine possession and the misdemeanor warrant and brought him to jail.

What level of suspicion did Officer Smith need to stop Green, and did he have that level of suspicion? What level of suspicion did Officer Smith need to retrieve the cocaine from Green's pocket, and did he have that level of suspicion? Would a motion to suppress filed by Jones be successful? If so, what evidence would be suppressed and why?Would a motion to suppress filed by Green be successful? Why or why not?

Answer rating: 100% (QA)

Officer Smith needed a reasonable suspicion to stop Sam Green initially Riding a bicycle against tra... View the full answer