An officer stops a vehicle for the minor infraction of runni…
Questions
An оfficer stоps а vehicle fоr the minor infrаction of running а stop sign. When the officer "runs" the plate, she finds that the automobile: belongs to Tobe Frank, a black male; is not stolen; Mr. Frank has active warrants for his arrest for multiple drug violations. Upon approaching the vehicle, the officer sees the operator of the vehicle is a white male. She also smells an odor, consistent in her experience, to be marijuana. The officer asks (routine question) the while male for his driver's license, proof of insurance, and registration and adds, "are you the owner of the vehicle?" (already knowing that he isn't the owner). The driver seems nervous to the officer. After issuing the citation (she "ran" the driver, Ino Fibber, and he has no attachments or warrants and is "clear" in all databases), the driver signs the citation. The officer then asks the driver (no other passengers) if he would mind consenting to a search of the vehicle. Mr. Fibber refuses to give consent for the search on the grounds that the automobile is not his property and that the vehicle actually belongs to his friend Tobe Frank and he just borrowing it. First part (I) of two part answer: assume the officer smells nothing, but is asking for consent anyway. Is Mr. Fibber correct in that because he is not the owner, the officer may not search the vehicle? Second Part (II): All the information in the scenario is correct (she smells the odor of possible marijuana), will Mr. Fibber's denial of consent to search by the officer prevent the officer from the search?