Can an intoxicated owner of a vehicle give consent to search?

The following is a computer-generated transcription, some grammar and spelling errors may be inherent Hey guys, it's Anthony Bandiero. Here, attorney and senior legal instructor with Blue to Gold law enforcement training bringing the roadside chat from the studio. This question, let's see, look on my computer here. This question comes from an officer in the great state of Texas, right? Maybe it's the maybe it's the Great Republic of Texas. I don't know, technically, if it's, you know, what they call it down there. Alright. So this officer has a great scenario. And basically the question is, is Can an intoxicated owner of a vehicle give consent to search? Right despite being intoxicated. So the scenario here, the officer says that they stopped a vehicle with three occupants, the owner of the vehicle is in the rear seat due to be intoxicated, so they have a designated driver, that's always nice. And they see some old containers in the vehicle. So they're gonna get into the vehicle based on that alone. But that's not a very comprehensive search by any means. Because you can only look in places where open containers are likely to be so you don't get the trunk. You don't get the hood. You don't get tiny little places. Usually. I know what you're gonna say. But Anthony, there's little shooters can be in there. Okay, if the court buys it, then that's fine. But while doing there, they while in the car, retrieving the open containers, the officer see some Swisher Sweets, which is, you know, very commonly associated with marijuana cigarettes. So that's where we're at. Okay. So, and those are under the seat. And that's another telltale sign that they're probably marijuana cigarettes, right. But the cop then goes to the owner, again, this owner is intoxicated, would have been arrested that behind the wheel and says, Can we search your car? And he or she says yes. Is that consent valid? Based off of these facts? Absolutely. Absolutely. Voluntary intoxication is not going to get you out of consent to search, right? Voluntary intoxication, doesn't get it person out of there consensus search, basically, the role is this. Under the totality of the circumstances, do you reasonably believe that the person has the capacity to know that it's it's a, you know, they have a choice, right? It's a yes or no, they have the capacity understand that they have a choice. That's it. That's really all it takes. And the burden of proof for the court is usually pretty low. In most states, it's preponderance of the evidence...1