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Having obtained an arrest  warrant for Ben for securities fraud, Officer Don arrested the suspect at his place of work

Law Nov 16, 2020

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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