Payton Roberts

English
Period 1&2
5/21/14
Scenario 1
Jay-Zs 99 Problems case

Jay-Z is driving down the road when he notices the police flashing their lights indicating
he should pull over. The officer informs Jay-Z that he was speeding (doing 55 in a 54). The
officer asks if Jay-Z is in possession of any weapons, which Jay-Z replies that he is not. The
officers ask Jay-Z if he can search the car, to which Jay-Z replies, No. Police inform Jay-Z that
a drug sniffing canine will arrive shortly to search his vehicle. Jay-Z is kept waiting for 30
minutes, while it only took the officer 10 minutes to write the speeding ticket. Finally, another
squad car pulls up with a drug-sniffing canine where they set out around the trunk of the car and
immediately alert suspicion in the trunk. The trunk is soon forced open by the officers, the
suitcases are opened up, and the cocaine is exposed. Jay-Z is arrested for possession and intent to
distribute cocaine. The legal question at hand is whether or not the evidence gathered during the
search of Jay-Zs trunk may be admitted as evidence.
In the case CA V. Ciraolo of 1986 rules were created involving protection under the 4th
Amendment. In order to be protected by the 4th amendment one needs to be pursued by a
government official and have a standing, creating a physical barrier that keeps personal affairs
private. Jay-Z was in fact pursued by an actor of the state, a police officer and his personal affairs
were kept private in a suit case within his car. In the case Illinois v. Caballes of 2005 states that a
seizure, justified solely by the interest in issuing a warning ticket to the driver can become
unlawful if it is prolonged beyond the time required to complete that mission.
A dog sniff conducted during a concededly lawful traffic stop that reveals no
information other than the location of a substance that no individual has any right to possess does
not violate the Fourth Amendment. This was stated in the majority opinion of the court in
Illinois v. Caballes concluding that a sniff conducted by a narcotics dog does go against the
fourth Amendment. This lawful search is only conducted unless it takes the same amount of time
as the warning ticket. It takes approximately 10 minutes for an officer to write up a speeding
ticket where as Jay-Z waited 30 minutes for the dog to arrive. If the search was conducted right
as the officer was writing up the ticket it would have been lawful but the search was prolonged
leading to the fact that it was an unlawful search.
This concludes that a sniff search of a vehicle is lawful during the time a traffic
violation takes place. Jay-Z waited 30 minutes which was clearly longer than a normal speeding
ticket right up. The search was prolonged in order for the narcotics dog to come and search the
car making it an unlawful search of Jay-Zs car.