Expert: Philip Sweeting - 10/21/2006

Question
my friends and i got pulled over for illegal turn and they searched the car the car is my mom's car and i was not driving because i was drunk no one got a ticket for the traffic stop but what they found was in the trunk of the car what gave them the right to search the trunk of the car with out a warrant i was drunk and i think i couldn't legal given permission to search the car was the search legal

Answer
If you gave them permission to search the car, drunk or otherwise, they could search the car BUT it would ultimately be up to a judge to determine if you gave consent willingly.

For example if the officer told you if you let me search your car I won't give you a ticket then a judge would probably rule that was not consent and the search was illegal.

But if the officer simply asked you if he could search your car and you gave permission because in your mind you thought that if you didn't he would give you a ticket that would not be illegal. I don't believe that you being drunk would be a consideration.

In your question you said they found something in the trunk but didn't explain what it was or if anyone got arrested.

If they found something in the trunk and someone was  arrested, the search of the trunk could be challenged even though a judge may rule the interior search of the car was legal. The judge could determine searching the trunk went beyond your consent.

There are all kinds of court cases concerning this issue and all situations are different but ultimately the final say is by a judge.

If you were arrested your best bet is to get the advice of a lawyer.