Question

Scenario 2: Constitutional Rights

Since Watson had some free time after being dismissed, he stopped by the Daiquiri Shak, hoping a drink would make him feel better. Several hours later as he was on the way home, Watson was pulled over by Dale Crespo, an officer on the local police department. The officer noticed a slight slurring of Watson’s words and poor motor skills when exiting the vehicle. Crespo requested that Watson take a breathalyzer test, but he refused. The officer spotted a beer can on the seat of the car and searched Watson’s car. When searching the car, the officer found a loaded handgun and an unmarked bag of pills that looked like OxyContin.   

Did Officer Crespo violate any of Watson's constitutional rights? Explain.

Scenario 3: Torts

Answer 1

According to the fourth amendment of the constitution, all vehicular stops can be made by the police, but on the basis of a reasonable suspicion like violation of a traffic rule or an accident, not on random basis, except when it is conducted at designated checkposts (sobriety stops). They can search the vehicle if they have resonable suspicion that a weapon or some contraband material may be present in the car.. In absence of such suspicion they can seize any such material that is in plain view in the vehicle. The officer can ask for a breath analyzer test if they suspect that the driver is drunk, after stopping the vehicle lawfully.

The case indicates that the vehicle was stopped randomly, not at a designated stop. This is violation of driver's constitutional right, because there was no suspicion before stopping the vehicle. Another violation of rights is in form of unlawful searching of car without any suspicion of a weapon or Oxycontin inside.