Question

The officer tells a driver, stopped for a lawful traffic violation, that if he wants to he can attempt to repair a brake light to avoid a ticket. The driver opens the trunk and attempts a quick repair but in so doing exposes an illegal weapon in the trunk. The officer seizes the weapon and arrests the driver. At the suppression hearing, how is the court likely to "˜hold" the search?
a. invalid because the driver failed to give affirmative consent to opening the trunk.
b. invalid because the officer failed to warn the driver that he did not have to open the trunk.
c. valid because the driver's actions indicate voluntariness.
d. valid because the driver was not under arrest.

Answer

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