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?
a. Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.
b. Diane may search the passenger compartment of the car without Tim's consent; however, she may not search the trunk of the car without his consent or without a search warrant.
c. Diane may not search the passenger compartment of the car (nor any place else) without Tim's consent or a search warrant. However, she can require Tim to remain parked until the search warrant is brought to her.
d. Under the above circumstances, Diane can write Tim a traffic citation but cannot search the vehicle.
e. Diane may search the Tim's car. house, and belongings without his consent.

Answer 1

Answer:

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

Explanation:

Tim's car is stopped for traffic offense, and that the police officer holds a legal right to stop the car in that case.

Further while in the conversation with Tim, if she notices that there is an evidence of drugs, and that are just not only the medicine, but heavy drugs which are not be consumed as a medicine but involves different purpose, she has a right to investigate thoroughly.

In the given instance also Diane can further search in the car wherever she wants, as she has an evidence that the car has some drugs.

For this she do not need to take any permission from the car owner that is Tim.