Question

Joe was driving and wrecked his car. Joe suffered injuries from the accident. When EMS (paramedics) arrived on scene Joe was unconscious and slouched over in the car. To examine the extent of his injuries the paramedic got Joe out of the car and cut away Joe's clothing. As EMS examined Joe they came across approximately $10,000 dollars in a bag which was tied around Joe's waist. During this time the paramedic continued to follow policy by searching Joe's clothing for any valuable personal items. During the course of the search the paramedic found a wallet, notebook and a small bag containing ambien (pills-controlled substance). When police arrived on scene the paramedic turned the items over the officer on scene. Were Joe's fourth amendment rights violated? Give justification (reason) for your answer.

a) Yes, his rights were violated because the search exceeded the scope of medical examination.
b) No, the search was justified for medical purposes, and the discovery of the controlled substance was incidental.
c) both a and b
d) None of the above

Answer 1

Yes, Joe's Fourth Amendment rights were violated because the search exceeded the scope of a medical examination.

Step-by-step explanation:

The answer is a) Yes, Joe's Fourth Amendment rights were violated because the search exceeded the scope of a medical examination.

The Fourth Amendment protects individuals from unreasonable searches and seizures. In this case, the paramedic's search of Joe's clothing went beyond what was necessary for conducting a medical examination.

While it is within the paramedic's job duties to search for personal valuables during a medical examination, searching for drugs or controlled substances without a warrant or reasonable suspicion is a violation of the Fourth Amendment.