Consider the following scenario:
Before Simon returned home from his State B fishing trip, a State B wildlife officer, who overheard Simon’s conversation with the clerk, stopped Simon in the parking lot. As he peered through Simon’s car window, the wildlife officer asked Simon about the minnows. The wildlife officer explained that the minnows were contraband and asked Simon to turn them over so that he could confiscate them. Simon objected and told the wildlife officer that the minnows appeared to be healthy and that they were purchased from a reputable State A dealer. Simon demanded that the wildlife officer prove to him that the State A minnows had parasites. The wildlife officer declined. Eventually Simon turned over the minnows to the State B wildlife officer.
Simon feels that his Fourth Amendment rights have been violated. Is he right? Explain the Fourth Amendment and how it protects citizens and others. Also, analyze and conclude whether or not Simon’s Fourth Amendment rights were violated.
1. Explain the purpose of the Fourth Amendment.
2. Was a government actor involved in the seizure of Simon’s minnows?
3. Was there a legal basis for confiscating the minnows? Explain.
4. Did the seizure of the minnows from Simon’s car require a warrant? If not, did the confiscation of the minnows meet the warrantless search exception?
5. Did the seizure of the minnows meet the probable cause standard? Explain.