Analysis of a Civil Case

The People V. Cantor
Student's Name
University
Course
Professor
Date
People v. Cantor (2007). 149 Cal. App. 4th 961 (57 Cal. Rptr.3d.478)
Facts: Weizoerick, a police officer, and his partner stopped the defendant for violating driving rules. Based on the defendant's nervousness, the odor of marijuana, furtive movements, and failure to respond to the officer's call when they deemed their overhead lights. Weizoerick asked the defendant if he would search the car, and the defendant agreed. Weizoerick searched the defendant's passenger compartment and found nothing, took the keys from the ignition and opened the trunk, checked under the car's hood and its interiors severally with no luck. He told the defendant a police dog would sniff the vehicle, while at it, he removed items from the trunk and that when he found a wooden box. The officer found 201 grams of cocaine in the car's trunk. It was inside a vinyl record cleaner. The defendant was arrested by the officers, charged for possessing and transporting a controlled substance.
Procedural History: the defendant is charged with possessing and transporting a controlled substance during the pretrial suppression hearing. The defendant's motion to suppress the evidence was denied. The trails court argued that when he agreed that Weizoerick could conduct the searching, it includes the whole car. The other fact is based on the defendant's cooperative nature and that they did not tell the officer to stop searching their car at any moment.
Issue:
1 Is the consent to search a recognized exception to the requirements of the fourth amendment warrant?
2 As a matte...