Question

Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct?
Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.

Answer 1

Answer:

Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent. ⇒ TRUE

Explanation:

The Fourth Amendment of the Constitution protects people against illegal searches, seizures and warrants, but there are exceptions to this amendment:

1. consensual searches: if the person is OK with the police officer searching his/her belongings
2. brief investigatory stops: when the police officer is suspicious about a crime being committed
3. searches incident to a valid arrest: if the police officer is arresting someone, he/she is allowed to search him
4. seizures of items in plain view: if property is in plain view, the police officer does not need a warrant. ⇒ this exception applies to this case.