If the driver gives consent to search a vehicle but the registered owner does not, can the officer search the vehicle?

• A. Yes, with the driver's consent
• B. No, the registered owner's consent overrides the driver
• C. Yes, if deemed necessary by the officer
• D. No, unless there is probable cause

Answer: (B)

The situation revolves around the distinction between consent given by a driver and that of the registered owner of the vehicle. In general, consent to search must come from someone who has the authority over the area being searched. The registered owner typically has a higher degree of authority regarding their property compared to a driver who may only have permission to use the vehicle.

In this case, if the registered owner does not consent to the search, that refusal takes precedence over the driver’s consent. Officers are required to respect the rights of the property owner, which means that unless they have probable cause or some other legal justification, they cannot conduct a search against the wishes of the registered owner. This principle helps protect individuals’ rights against unreasonable search and seizure as established under the Fourth Amendment.

When the registered owner is present and declines consent, law enforcement cannot proceed with a search, even if the driver has given permission, because the driver's authority to consent does not extend to overriding the registered owner's rights. This reflects the legal understanding of ownership and consent in traffic law enforcement practice.