Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically.Officer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what seems to be a heavy fragrance of marijuana. The driver has dilated eyes and slurred speech. There are four individuals in the car.
-Officer Castro would not need probable cause to search the vehicle if the driver gave Officer Castro permission to search.This would be known as a(n)_________ search.

Question

Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically.Officer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what seems to be a heavy fragrance of marijuana. The driver has dilated eyes and slurred speech. There are four individuals in the car.
-Officer Castro would not need probable cause to search the vehicle if the driver gave Officer Castro permission to search.This would be known as a(n)_________ search.

Quizplus · Accepted Answer

The driver giving Officer Castro permission to search the vehicle would make it a consent search, which does not require probable cause. Option A (exigent circumstances) may apply if there is an immediate need to search the vehicle to prevent the destruction of evidence, but it is not mentioned in the scenario. Option B (illegal) is not relevant to this question. Option C (stop-and-frisk) refers to a specific type of search that is based on reasonable suspicion of criminal activity and does not apply to searching a vehicle.

Officer Castro Notices a Car in Front of Him Driving