The statement of the vehicle occupant was that the key was in the vehicle, not that it was anywhere in particular in the vehicle, much less that it was readily reachable such that implied ability or intent to drive the vehicle existed. Unless the occupant said the keys were somewhere in particular that satisfied the element of operation/control of the vehicle, the officer lacks probable cause to support the crime he seeks to prove. His supposition that it could be positioned to support probable cause is no more than a hunch about this element of the crime and not probable cause sufficient to support all elements of the crime. Without probable cause, there is no automobile exception. Without probable cause of the DUI crime, there is no evidence to search for.
Can a drunk person really consent(to a search)? If having relations with a drunk person is rap3, even if he/she consented, it would seem that a drunk person is incapable of consent....
I would argue that there's no such thing as a consensual encounter with police because they can shoot you, taze you, or arrest you for obstruction with little accountability.
The statement of the vehicle occupant was that the key was in the vehicle, not that it was anywhere in particular in the vehicle, much less that it was readily reachable such that implied ability or intent to drive the vehicle existed. Unless the occupant said the keys were somewhere in particular that satisfied the element of operation/control of the vehicle, the officer lacks probable cause to support the crime he seeks to prove. His supposition that it could be positioned to support probable cause is no more than a hunch about this element of the crime and not probable cause sufficient to support all elements of the crime. Without probable cause, there is no automobile exception. Without probable cause of the DUI crime, there is no evidence to search for.
Can a drunk person really consent(to a search)? If having relations with a drunk person is rap3, even if he/she consented, it would seem that a drunk person is incapable of consent....
I would argue that there's no such thing as a consensual encounter with police because they can shoot you, taze you, or arrest you for obstruction with little accountability.