Bar Exam (US) Criminal Procedure: Billy Butler was booked on a commercial airplane flight from S...

Question

Billy Butler was booked on a commercial airplane flight from San Antonio to Phoenix. When Billy arrived at the airport, two undercover police narcotics agents observed him. His appearance and actions led the police to believe that he fit the description of a predetermined profile of a drug courier. The officers approached Billy and told him they wanted to detain him for questioning. Billy asked, "What for?" The police explained that they were narcotics agents assigned to the airport and that he fit the profile of a drug dealer. They then asked Billy to hand over his overnight bag. Billy refused. The officers then explained that he wouldn't be permitted to board the plane unless they inspected the contents of his bag. Billy told the officers that he changed his mind and decided not to fly to Phoenix after all. The officers still requested that Billy turn his overnight bag over to them. Billy did so and then he was given permission to leave the airport.

The next day, the police had a dog sniff Billy's bag for narcotics. The results of this search gave police suspicion to believe that the bag contained narcotics. They opened Billy's bag and found a cache of heroin inside. Billy was subsequently arrested and charged with unlawful possession of narcotics.

At trial, Billy's attorney moves to prevent introduction of the heroin into evidence. This motion will MOST likely be

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    granted, because the police did not have probable cause to hold the bag overnight for the search
  2. B
    Correct Answer
    granted, because the heroin was discovered as a result of an unlawful airport detection
  3. C
    Correct Answer
    denied, because since Billy fit the predetermined profile of a narcotics courier, the police had probable cause to conduct the search of his bag
  4. D
    Correct Answer
    denied, because the search resulted from a lawful airport detention
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