An officer’s act of visually inspecting the inside of the car at a DUI checkpoint is:

Question

Three college students are travelling from upstate New York to Florida for spring break. In Buford, Georgia, they come to a stop at DUI checkpoint. An officer approaches the driver’s side window, determines that the driver is sober, and tells the college students to head on their way. However, a second officer, suspicious of the out-of-state license plate, attaches a GPS locator to the car’s rear bumper just before the students drive off. Police conduct surveillance on the car’s movements for the next week, and after determining that the car went to Florida—movements that the officers deem consistent with drug trafficking—the Buford police determine that they will stop this vehicle the next time it enters their jurisdiction. Sure enough, as the car enters Buford on the college student’s trip home after a week in Florida, it is pulled over by an officer. As the driver hands the officer a driver’s license, the officer says that he smells marijuana in the car and initiates a search of the vehicle. Inside a zipped backpack on the backseat, he finds contraband and makes an arrest.

a. a violation of the Fourth Amendment, according to Supreme Court precedent
b. a violation of the 2 nd Amendment, according to Supreme Court precedent
c. not a unconstitutional, according to Supreme Court precedent
d. only acceptable with a warrant, according to Supreme Court precedent

Answer 1

Answer: C