Was Officer Burpo's search of the car's interior justified by the automobile/vehicle exception to the warrant requirement to allow the introduction of the methamphetamine?
Around 1:00 a.m., Rene Gomez was stopped by Officer Burpo for swerving across the center yellow line twice while traveling on a highway. As Officer Burpo asked Gomez for his license and registration, he smelled alcohol and saw two six-pack alcoholic beverage containers inside Gomez's car. The visible containers were unopened, but one container was missing. Officer Burpo directed Gomez to get out of the vehicle because he wanted to search the car for an open container. Officer Burpo began to search the immediate driver's area of Gomez's car. Before Officer Burpo began searching, Gomez clearly stated that he did not consent to the search. As Officer Burpo searched the driver's immediate area, he noticed the center console lid was ajar and opened it. Inside the console was an open bottle of alcohol. Burpo lifted the bottle and underneath the bottle he found a glass pipe, a small amount of methamphetamine, and a digital scale.
What will be an ideal response?
YES
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