1) State police pulled over Banks ostensibly for operating a motor vehicle without a seat belt, a violation subject to a maximum of a $100 fine. Trooper Smith questioned Banks and his passenger Jones about where they were headed. Banks and Jones gave the trooper different answers and Banks seemed nervous, according to Smith. Trooper Smith delayed writing the ticket for some 20 minutes, awaiting a backup unit. He retained Bank's driver's license during the interim. After this unit arrived there were now three troopers, and two patrol cars on the scene. The cars were parked immediately in the front and rear of Bank's car. Smith asked: "Are there any weapons or drugs in this vehicle?" Banks, standing some 10 feet away from his car, said no. Smith then said, "You probably won't mind if we search then, right?" Banks said, "If you gotta do it, do it." A search of the vehicle produced a half pound of cocaine under the front seat and Banks and Jones now seek to suppress this evidence in connection with their forthcoming trial on illegal possession of Cocaine. Discuss all issues that you see with the Police conduct.
2) Federal (DEA) agents received an anonymous tip that one Perez was engaged in a money laundering operation in connection with a major narcotics ring. The anonymous caller said that Perez picked up money from various locations in the City and always took money in a laundry bag to 61 Corona Avenue in the City.
DEA agents placed Perez under surveillance and on two occasions he was observed traveling by cab to various locations where he would enter a building with a laundry bag, then emerge with what appeared to be the same bag, and terminate at 61 Corona Avenue where he would enter with a full laundry bag and then leave without the bag.
During the third surveillance, after Perez made two stops, his cab began to take evasive action with Perez nervously looking out the rear window. Agents decided to close in and forced the cab to the curb. One agent approached the cab with a revolver drawn and four others surrounded the cab. The agent ordered Perez out of the cab and when he emerged, he was handcuffed. An agent asked the cab driver if they could search the cab's interior and trunk and the driver readily agreed. In the trunk, the agents discovered a bag containing $13,000 in cash and ten pounds of marijuana. An agent then asked, "Perez, is this your bag?" Perez said it was but that he was "just carrying it for a friend."
In connection with federal criminal charges, Perez seeks to suppress the bag and its contents. Assess the issues and rule on Perez's motion.