« on: December 14, 2006, 09:01:30 PM »
The way I read it (as it is typed) the tests were done on the passenger. Why, I don't know, but his failure to, well, fail, is irrelevent to the initial scope of the stop..ie the DRIVER and the driver's admission of drinking beer. TO me, searching the car for something related to that is well within the scope. Plus it was the passenger who protested the search, not the driver and I say again, Passanger here is irrelevant...
And ya'll are probably right about RS vs PC to search, but within the scope of the initial stop is still ok... at least from what I could tell after having just written a 30 page brief on the issue.