However, even a Terry search would not have permitted to officer to further investigate or search any soft lumps or other contents of pockets not indicative of possession of a plausible weapon (Dershowitz, 2002). Furthermore, absent evidence that Terry and Kim were jointly engaged in criminal conduct, even a valid search of Terry pursuant to a valid arrest that yielded a small amount of marijuana in his pocket would not have justified a separate search of Kim (Schmalleger, 2008).
In this case, the search of both subjects was improper because it was conducted incident to an invalid arrest. Therefore, either Kim or Terry may challenge the introduction of any contraband retrieved from their personal possession.
Evidence of Amphetamine Possession:
Ordinarily, evidence discovered in the glove box pursuant to a validly executed search based on probable cause or voluntary consent is admissible against the owner/operator of the vehicle. In the cases of a vehicle owned by someone other than the driver, evidence discovered through consent to search provided by the driver or a search based on probable cause at the scene is admissible against the driver. The driver may refute his ownership or knowledge of the contraband, but not the manner of its discovery.
However, in this case, the amphetamines were discovered through an impermissible violation of Terry's REP and are, therefore, inadmissible against either Kim or Terry. Had the glove box yielded the same evidence pursuant to a valid search, Kim would be in a better position than Terry because the amphetamines possession would have been imputed to him and not Kim, at least absent any independent evidence connecting it to Kim.
Evidence of Marijuana Paraphernalia Possession:
Ordinarily, evidence properly discovered under the driver's seat would be admissible against the driver because possession would be imputed to him. Likewise, evidence properly...
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