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, how is the court likely to 'hold' the search?

Question

Quizplus · Accepted Answer

The court is likely to hold the search as valid because the driver voluntarily opened the trunk to attempt a quick repair of the brake light, which exposed the illegal weapon. The officer did not coerce the driver nor did he violate his Fourth Amendment rights. The driver's actions indicate that he consented to the search, and it was not necessary for the officer to give a warning before asking to search the trunk.

The Officer Tells a Driver, Stopped for a Lawful Traffic