At 2 a.m., Lynette and Jason left a party, where they both had several beers. Lynette decided she was less intoxicated than Jason, so she took the keys and began driving home. Lynette was driving on the interstate without realizing that her headlights were off. A state trooper observed Lynette's car without its lights on and signaled her to pull over. Lynette pulled the car successfully, but the effect of the alcohol kicked in, and she started laughing uncontrollably. The officer asked both Lynette and Jason to exit the car. Lynette, who continued to laugh, failed a field sobriety test, and the officer arrested Lynette for driving under the influence. The officer then searched the car, even though Jason did not consent to a search, and found empty beer bottles under Jason's

Question

seat. Lynette subsequently refused a Breathalyzer test and was brought to court for driving under the influence. She wants her lawyer to challenge the officer's search of the car because Jason did not consent to his area being searched. Will she be successful? Why, or why not?

What will be an ideal response?

Answer 1

Answers will vary, but students should discuss the Fourth Amendment right against unreasonable searches weighed against the probable cause the officer had to conduct the search. The officer's observation of no headlights on Lynette's car at 2 a.m. gave him a legal right to pull Lynette's car over, as a reasonable person would have his or her headlights on. The failure to have the lights on was in violation of laws governing the safe operation of a vehicle, and it was reasonable for the officer to believe the driver may be under the influence of alcohol or a drug. Lynette's conduct in laughing uncontrollably, and her failure of the field sobriety test were probable cause for a search of the vehicle for evidence of alcohol. Jason was not charged and would not have the right to challenge the search of his section of the car (Brendlin v. California). If he had been charged, he could have challenged the search of his section of the car, but he probably would be unsuccessful because the officer had a valid basis to stop the car and then arrest Lynette due to her conduct. The officer would have the right to search the vehicle for evidence of alcohol or controlled substance because of Lynette's actions.