Defendant was traveling by interstate bus from California to the east coast. During a scheduled stop in Oklahoma, all of the passengers left the bus

Question

Police took a drug dog through the bus and the dog alerted to luggage in the belly of the bus that had a tag bearing defendant's name. After the passengers got back on the bus to resume their trip, one officer used a ruse to get the defendant to identify himself with the suitcase. Upon more thought, the defendant finally indicated that the suitcase was not his. When no one claimed the suitcase, police opened it to find illegal drugs. If the defendant disowned the luggage,
A) he has voluntarily abandoned it and has no contention that any of his rights under the Fourth Amendment have been violated.
B) he has no complaint if police or anyone else opened and looked through the contents of some else's luggage.
C) he can still complain of the method used by police to force him to abandon his property and still attempt to suppress the drug evidence the police want to use against him.
D) he can still attempt to suppress the evidence because the police conduct would be considered outrageous and unreasonable under the Fourth Amendment.
E) A and B are both correct responses.

Answer 1

E