CRIMINAL EVIDENCE WEEK 9

After ovrrhesring from a public telephone what appeared to be arrangements for a drug transaction, ;a police officer followed the defendant’s car. When the driver committed a traffic violation, the officer stopped his car. The officer told the driver that he believed that he was carrying narcotics in his car and asked for his consent to search the car. The driver said that he had nothing to hide. Indeed, having gotten consent , the officer opened the door on the passenger side and saw a folded brown paper bag on the floor of the car. The officer picked up the bag, ;opened it, and found cocain inside.

Did the consent tonsearch the car authorize opening the brown paper bag? Explain.

Should the evidence be permitted for use against the defendant? Why or why not?