A police officer lawfully stops a car for a broken taillight. As she approaches the driver's side window, she detects a strong odor of unburnt marijuana emanating from the vehicle. The officer then sees a passenger in the front seat quickly shove a duffel bag under his feet. The officer orders both occupants out of the vehicle.
Can the officer legally conduct a warrantless search of the duffel bag?
No, because the duffel bag belongs to the passenger, who was not the reason for the initial traffic stop.
No, because a warrant is always required to search a closed container found within a vehicle.
Yes, because the search is a valid search incident to the lawful arrest of the driver.
Yes, because the officer has probable cause to search the vehicle for marijuana under the automobile exception.
The correct answer is that the officer may search the duffel bag. The officer's detection of the marijuana odor provides probable cause to believe that the vehicle contains contraband. Under the automobile exception to the Fourth Amendment's warrant requirement, if police have probable cause to believe a vehicle contains evidence of a crime, they may search the entire vehicle and any containers within it that might contain the object of the search. This includes a passenger's belongings, such as the duffel bag.
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