Looking at the totality of the circumstance, which is the test used when the court focuses on all of the circumstances surrounding a situation rather than any one factor, I do believe that the evidence obtained during the traffic stop and arrest in question would remain valid.
I believe because the arresting officer acted on good faith and did not violate subject’s Fourth Amendment right. The officer performed, what he or she probably believed to be a routine traffic stop at the time, then discovered that the subject had an arrest warrant. Upon arresting the subject, the officer happened to find drugs on him or her. I am sure this discovery occurred during the arrest search of the subject because officers are obligated to ensure the safety of themselves and others while making arrests. They do this by searching an arrested person. Imagine what could happen to officers or others if they did not make sure to search arrested persons.
…show more content…
But this was not the case. The facts are drugs were rightfully found on the subject during a legal search that came about via a legal traffic stop. The drugs were seized during the “commission of a crime” because the subject was violating some sort of traffic law or rules/regulation then was found to have an arrest