Police arrested Rob Skeens and charged him with possession of burglar's tools that police discovered after a police officer, without probable cause and in the absence of a warrant, searched the trunk of the car that Rob Skeens had been driving

Question

His girlfriend, Sabrina, who owned the vehicle, was with him as a passenger. Skeens had been stopped for absolutely no reason; the officer randomly selected the vehicle driven by Rob Skeens from all the others on the road. On these facts, Rob Skeens
A) could not suppress the evidence since he is clearly guilty of possession since the officer found burglar tools in the borrowed car's trunk.
B) may successfully suppress the evidence since he was legitimately in possession of the automobile, possessed an expectation of privacy and has standing to contest the illegal search.
C) may successfully suppress the evidence of his possession of burglar's tools since he can argue that when the officer stopped the car he was driving, he was illegally seized under the Fourth Amendment.
D) must certainly be able to suppress the evidence since there was no probable cause for a search of the borrowed automobile, and the officer seized Rob for no reason.
E) none of the above is a correct response.

Answer 1

C