Does a cop have the right to search my trunk if I gave him consent to only search the car?

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Does a cop have the right to search my trunk if I gave him consent to only search the car?

I was pulled over for swerving. I was not under the influence of drugs or alcohol. I was asked to get in the cops car and I passed all sobriety tests. I told the cop I had an uncased hunting gun in my car. He also thought I was under the influence because my tongue was green. He asked to search the car and I said no. He asked if he could look at my gun in the car and I said yes. The gun was in fact in the trunk but I never gave consent to look in the trunk. He found 1/2 gram of weed and 1 full can of beer. Is it worth getting a public defender or should I just plead guilty?

Asked on December 28, 2011 under Criminal Law, Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When you gave the police officer consent to search your car, the consent amounted to a full consent of the entire car including the trunk. I presume the one half ounce of marijuana was in the trunk with the beer.

I see no issue with the beer in the trunk assuming it was a unopened container. The marijuana assuming you had no medical card for it was illegal. Given what you have written, I suggest that you consult with a criminal defense attorney regarding the charges against you as opposed to representing yourself.


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