FourthAmendment
Whether a police officer's reason for acting should factor into the Fourth Amendment inquiry
QUESTION(S) PRESENTED 1.) Whether a police officer's reason for acting, in at least some circumstances, should factor into the Fourth Amendment inquiry?* 2.) Whether the State of Alabama erred in adopting and applying what is known as the “could have” test to evidence that was seized as a part of a pretextual arrest? 3.) Whether an officer has a duty to investigate further when circumstances suggest that probable cause may, in fact, not even exist contrary to first impressions? 4.) Whether an arrest can still be considered “lawful” if there are circumstances that vitiate the probable cause used to obtain the warrant? * This central question is asked verbatim by Justice Ginsburg in WESBY, infra, and she specifically suggest that this question should be addressed by the Court.