The officer tells a driver,stopped for a lawful traffic violation,that if he wants to he can attempt to repair a brake light to avoid a ticket.The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk.The officer seizes the weapon and arrests the driver.At the suppression hearing,the court is likely to find that the search was

Question

Quizplus · Accepted Answer

The driver voluntarily opened the trunk and attempted to repair the brake light, which indicates a willingness to allow the officer to see what was in the trunk. This would be considered a voluntary consent search, and as a result, the search and seizure of the illegal weapon are lawful. The fact that the driver was not warned that he did not have to open the trunk is not relevant if he voluntarily consented to the search. Additionally, the officer did not need to warn the driver that he did not have to open the trunk because the driver was not under arrest at the time.

The Officer Tells a Driver,stopped for a Lawful Traffic Violation,that