ND Bar Practice Questions - North Dakota Bar Examination Exam

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Police stop a driver for a broken taillight, then order the driver out of the car and, without any further justification, conduct a full search of the locked trunk. The driver is charged based on contraband found in the trunk. Under the Fourth Amendment, the trunk search is most likely:

Valid as a search incident to a lawful traffic stop Invalid, because a traffic stop alone does not justify a full search of a locked trunk absent probable cause or another exception Valid under the automobile exception regardless of cause Valid because the driver was lawfully ordered out of the car

Correct Answer:

Invalid, because a traffic stop alone does not justify a full search of a locked trunk absent probable cause or another exception

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