can you help me write my aoj discussion

Read the vignette and respond to the provided questions.

One spring afternoon a police officer was dispatched to the residence of several university students, who were hosting a keg party for about 20 guests. They reported that three unknown men (two white, one African American) entered the home, had a few beers, and quickly left. Soon thereafter, a party guest also left, and discovered that the stereo had been taken from his car, parked in the back yard. A description of the men and their vehicle was given to the officer, who soon (within 20 minutes and a mile from the crime scene) observed a vehicle and three men, all of whom matched the description that was given. The officer stopped the vehicle, informed the dispatcher of the stop and location, and approached the vehicle.

  1. Are exigent circumstances and probable cause sufficient for the officer to search the vehicle without a warrant or the men’s consent? If you believe not, how do you propose the three men be handled while a warrant is being sought from a judge?
  2. Assume the officer asks the vehicle’s driver for permission to search the vehicle, and consent is given; what is the officer’s next move? Instead, assume the driver of the vehicle refuses to give the officer permission to search the vehicle; what action(s) do you believe the officer can then legally take?
  3. Assume the officer, with or without a warrant, locates the stolen stereo equipment inside the vehicle under the driver’s seat. Can the officer then arrest only the vehicle’s driver, or should all other occupants be arrested as well?
  4. Following the arrest of one or more of the occupants, can they then be searched?
  5. What other issues arise for the officer (e.g., his or her safety) once an arrest is made of one or more of the occupants?

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