Question

Steve was pulled over for speeding. His car was then searched, and the police

found a gun that he was not permitted to have. Steve was found guilty in trial
court but believes his constitutional rights were violated because the police did
not have a warrant or probable cause to search his car. Although Steve's lawyer
brought this up during the trial, the evidence was not presented. What must
Steve's attorney prove to the Federal Court of Appeals?
1. The Constitution should be more clear
2. The opposing attorney should be disbarred
3. The trial court made a legal error
4. The police violated the 4th Amendment

Answer 1

Steve's attorney must prove that the police violated the 4th Amendment.

Step-by-step explanation:

Steve's attorney must prove to the Federal Court of Appeals that the police violated the 4th Amendment. The 4th Amendment protects individuals from unreasonable searches and seizures. In order for a search to be constitutional, the police need either a warrant or probable cause. Since Steve's car was searched without a warrant or probable cause, his attorney can argue that his constitutional rights were violated.

By presenting this argument to the Federal Court of Appeals, Steve's attorney can request for the evidence found in the search to be suppressed. If the court finds that the police did indeed violate the 4th Amendment, they will exclude the evidence from the trial, which can potentially lead to the reversal of Steve's guilty verdict.

Learn more about the 4th Amendment