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Balancing a citizen’s expectation of privacy with the government’s interest in protecting the safety and welfare of the general public is at the core of the “reasonableness” debate within discussions regarding search, seizure and the issuance of warrants.In your initial discussion:Following your completion of the assigned reading and video materials, discuss your opinion about the following scenario:Dave Hunter and his best friend Eric were westbound on Interstate 80 for a hunting trip in the panhandle of Nebraska. Both guys were old law school classmates and both were currently civil rights lawyers in different states. They meet each year for a week in November to go deer hunting. Both guys look like they were cast members in the television series “Duck Dynasty”. They have long, unkempt beards and wear camo for their excursion. They are traveling in a new, rented SUV with out of state license plates and they have each brought two gun cases containing high powered deer rifles and shotguns.Stacy Marshall, a new member of the Nebraska Highway Patrol, is stationed at the Odessa, Nebraska entrance ramp off of Interstate 80, watching through binoculars for suspicious activity relating to the rampant drug traffic which uses the I-80 pipeline to deliver large quantities of meth and weed to markets both east and west of Nebraska. His faithful drug dog Daisy is at his side. He is instantly suspicious of Dave’s rental vehicle and the appearance of the drivers, so when Dave makes a lane change without signaling, Patrolman Marshall sets off in pursuit. Dave and Eric are traveling at the speed limit of 75 and there was no other traffic within ½ mile of them at the time they were stopped.
Given your understanding of the law which regulates Patrolman Marshall’s behavior, discuss whether or not he may affect a search of the vehicle.
Under what circumstances, if any, may he utilize Daisy. (KEY: A Nebraska Supreme Court case may contain important information about this set of facts.)
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