Problem
An anonymous tip comes in to the police department that a male is dealing drugs in an alleyway and is armed with a handgun in his pocket. A police officer goes to the location and observes drug activity down a street ally way which is known for violent crimes and drug dealing activity. He notices that a male suspect is selling illegal drugs is on his cell phone continuously and is only interrupted when individuals walk towards him, hands him cash and he then hands them little baggies of white powdery substances. The police officer even conducts an undercover "control buy" and has an informant go down the street and buy illegal drugs recognized to be cocaine when a roadside test is applied to the substance by the police officer. The informant explains to the police officer after the "controlled buy" that the suspect is carrying a hand gun in his waste band which cannot be visually seen. The police officer approaches the drug dealer who is talking on his cell phone. The police officer notices that the cell phone does not have a "lock" or "password" on it and the phone numbers inside could reveal many buyers of the drugs which would lead to even more arrests. The police officer asks the owner of the phone (drug dealer) if he can access the cell phone and look inside and the drug dealer says "no". The police officer calls a state prosecutor to get advice on if he can look into the cell phone now, without a warrant. these questions were asked Is there enough evidence for a Terry Stop? Yes/No? What degree of evidence is needed for this from the above list?
A. If the police officer "pats down" the suspect and feels the gun in his pants, what doctrine from the above list is involved here? Is it satisfied? Yes/No?
B. Is there enough evidence for an arrest of the suspect (drug dealer) by the police officer? Yes/No What degree of evidence is needed for this from the above list?
C. Can the police officer search the cell phone immediately on the street without a warrant since it is unlocked and a search will reveal the phone numbers of illegal drug users? Yes/No Why/why not?
D. At trial for illegal drug dealing, the prosecutor will have to call witnesses and provide evidence for a conviction. What degree of evidence is needed for a criminal conviction from the above list?