In the scenario where a driver is arrested for cocaine on lips and in the door panel, is searching the passenger without consent allowed?

• A. Yes
• B. Only with probable cause
• C. No
• D. With a warrant

Answer: (C)

The main idea here is that searches require a valid basis such as consent, probable cause, or a warrant, and a driver’s arrest doesn’t automatically authorize searching a separate passenger.

When a driver is arrested, police can search the arrestee and areas within the arrestee’s immediate control, and they can search the vehicle for evidence related to the offense if there’s probable cause or if the arrestee was unsecured and within reach. But this does not extend to a passenger in the vehicle without some separate justification. The passenger’s body and belongings are protected, so you would need the passenger’s voluntary consent, or probable cause to believe the passenger is involved in criminal activity (or a warrant), to search that person or their belongings.

So, without consent or another valid basis (probable cause or a warrant), you cannot lawfully search the passenger. The fact that cocaine is found on the driver or in the car does not by itself give authority to search the passenger.