You're forgetting the automobile exception which allows police to search any part of the car and any containers within the car if there was probable cause to stop the vehicle in the first place.
Why wouldn't the admission to drinking three beers constitute probable cause?
Quote from: Jumboshrimps on December 13, 2006, 07:48:23 PMWhy wouldn't the admission to drinking three beers constitute probable cause?And reasonable suspiscion isn't as high of a bar as probable cause. You only need RS to search. Driver admitted to be drinking = RS to search the car. Passengers objection is irrelvant.
Ahh, just now saw that myself. What the hell, that's what not reading closely will get you. That certainly does change the entire issue. That has to be a typo because if not this is a quite convoluted hypothetical. The passenger probably doesn't even have standing to complain about any search of the car whether illegal or not. The driver admits that he had 3 beers. The officers then give him 4 field sobriety tests, and the passenger passes them all.