A vehicle is traveling 50mph on a roadway with a posted speed limit of 35mph. The police officer observes the vehicle and utilizing his radar unit (operating under the Doppler principal), confirms that vehicle is indeed driving 15 miles over the posted speed limit. 

The police officer activates his overhead lights and siren and effects a motor vehicle stop of the violator’s vehicle. Upon approaching the vehicle, he notices a white male operating the vehicle with a Hispanic male passenger. Upon speaking with the driver, the police officer detects an odor of an alcoholic beverage emanating from the driver of the vehicle.

The Police Officers requests for a second officer to respond and directs the driver to exit the vehicle to perform a series of three field sobriety tests.    Upon conducting the tests, which were recorded with the officer’s vehicle and body camera, the officer determined that the subject failed the tests.   

The officer places the subject under arrest for DWI, NJSA 39:4-50 and places the subject in handcuffs.  Prior to placing the defendant in the rear of the patrol vehicle, the officers searches the subject, incident to arrest, to determine that there are no weapons in their possession for safety puposes.   During the search, the subject finds a small glassine bag containing what appears to be cocaine in the subjects front right pocket.   The subject seizes the suspected drugs for testing and charging.   

Please explain if the stop, search, and seizure was legal, indicating if there was probable cause and what it was. Explain what would happen next following all of the components of the criminal justice system ( Police, Courts, and Corrections).

Minimum of 5 pages double spaced APA 7th ed Format Minimum of SCHOLORLY RESOURCE


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