Think about the following hypos in conjunction with our discussion of consent:
1) Officer pulls over an individual for speeding. Thinks he may be a drug courier but lacks real evidence. After running the driver through the computer and getting back a clean report, the Officer tells the driver that there has been a recent theft of dangerous explosives in the area (which is not true) and says, "You don't have any explosives in the trunk, do you?" Not surprisingly, the driver answers "No," to which the officer responds, "Mind if I look?" Driver says "Go ahead." Valid consent?
What if the driver says, "I guess so"? What if the driver asks "do I have to"?
2) Where in the car can the officer look pursuant to the consent given in #1? In the trunk itself? In a box in the trunk? In a small package? What determines the answer?
3) What if the officer asks to "peek" into the back of a driver's van. How far can the officer go if the driver says yes?