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Having obtained an arrest warrant for Ben for securities fraud, Officer Don arrested the suspect at his place of work
Having obtained an arrest warrant for Ben for securities fraud, Officer Don arrested the
suspect at his place of work. At the time of the arrest, Ben is seated at his desk. Don asks him to stand, whereupon the officer searches person, finding a small packet of cocaine inside his wallet. Opening the bottom drawer of desk. Don finds a packet of marijuana. Believing there might be more drugs in the office, Don opens a filing cabinet on the other side of the room, inside of which he finds a crack cocaine. If Ben challenges the searches by Don, which of the following is his best argument?
A. All three searches are unconstitutional, because Ben was not likely to be armed or to be in possession of evidence that could be readily destroyed.
B. Only the search of the wallet is unconstitutional, because Don had no authority to open it.
C. Only the search of the desk drawer is unconstitutional, because it was closed.
D. Only the search of the filing cabinet is unconstitutional, because it was outside reach.
E. None of the above.
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