Department policy states: "A deputy may conduct a vehicle search without a warrant when the driver gives voluntary consent, when there is probable cause to believe the vehicle contains evidence of a crime, or incident to a lawful arrest of an occupant." A deputy stops a vehicle for a broken taillight and, with no other facts, asks to search it. The driver refuses. May the deputy search anyway?
Correct answer: No — without consent, probable cause, or an arrest, none of the stated exceptions apply
A broken taillight alone, with a refusal to consent and no arrest, does not meet any of the three stated exceptions — probable cause or an arrest would be required, not just the stop itself.