Reference no: EM131605380

You are on patrol late one evening and the area in which you are assigned is rural. There are a few neighborhoods and small businesses but they are scattered. You notice a sports car headed your way at a high rate of speed. Your radar picks it up at 92 mph in a 55 mph zone. You pull out behind the vehicle and start to accelerate but when he driver sees you he immediately pulls over to the side of the road and stops. You get out and approach the other vehicle. The other driver, a young black male, steps out of the vehicle, addresses you politely and hands you his driver's license and registration. There is no doubt that the driver has been drinking.

You hear the passenger, an older white male, speak to the driver in a harsh tone and demand that he not allow the police to search the trunk. You asked who was in the car. The driver stated that he was at a party at a friend's house. When he got ready to leave his friend asked if would drop his uncle off at the airport which was on the way home. He said the man didn't say much he just threw a suitcase in the trunk and sat down in the passenger's seat.

You perform several sobriety tests on the young driver and failed them all. You arrest the driver and place him in the rear of your patrol vehicle. The driver lives on the other side of town and you need to secure the vehicle before you leave the scene. The passenger didn't appear to have been drinking but doesn't have any identification with him.

What are you going to do with the vehicle?
Can you search the vehicle?
What is in the trunk?

The driver has been drinking and appears to be under the influence. As the owner of the vehicle can he legally give you "consent to search"?
If you tow the vehicle can you conduct an inventory search?

What are you going to do with the passenger?

There is a lot to think about in a short time. Let's go back when we placed the young man in the patrol vehicle. What will you do before you drive off with the suspect?

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