Eddie Garcia and Nancy Martin Perez were pulled over due to having an obstruction hanging from the windshield of their truck. Their identification, registration and insurance was checked. They were interviewed separately and gave contrasting statements on where they were going and why. A computer check was initiated. During the check the officer asked to look in their trailer. He took a 30 second look with Garcia and they shut the trailer. After the computer check is completed Garcia is given a verbal warning. Garcia and Perez are told they can leave. Garcia shakes hands with the officer.

As they begin to leave the officer asks permission to search the trailer. Perez gives permission. The officer search the trailer. He finds a fake wall hiding marijuana.

Garcia and Perez are arrested. Garcia pleads guilty reserving the right to challenge the search.

There is no question that the initial seizure is legal. The officer stopped Garcia and Perez due to a violation of the traffic laws. The officer carried out a legal check of licenses, registration, and warrants. This was done in a prudent manner without extending the time of the detention. The detention ended and the couple were told they could leave. Then the officer asked to search the trailer. Perez gave permission. Since they were free to leave at this point they were not coerced into giving permission. Thus the search was legal.

Assuming the facts in the decision are accurate the only question is why was Perez so stupid as to give permission for a search, knowing that the truck was full of marijuana. The Fourth Amendment prescribes searches in all case except where specific exceptions occur. However anyone can waive that right. In Arizona v. Miranda the Supreme Court ruled that a waiver of the right to remain silent must be knowing and intelligent. Furthermore it required that the waiver be shown on the record through the use of what is now well known as the Miranda warnings. Isn’t it time that similar waivers be mandated prior to a waiver of the Fourth Amendment right against unreasonable searches?