McWeeney

I. Factual and Procedural Background

On December 2, 2002, Officer Andrew Walsh of the Las Vegas Metropolitan Police department noticed a white Pon- tiac Sunfire with no front license plate. Officer Walsh observed the rear license plate and checked it against the state computer, which indicated that the Sunfire had previously been stolen and returned to the owner. His suspicion aroused, Officer Walsh stopped the car, obtained identification from the occupants and determined that the driver was Jesus Lopez and the passenger was McWeeney.

The car was registered to McWeeney’s mother. McWeeney told Officer Walsh that he was using the car with his mother’s permission and that he allowed Lopez to drive because he was tired. Officer Walsh then asked McWeeney and Lopez if they were in possession of anything that “they were not supposed to have.” McWeeney and Lopez responded in the negative. Officer Walsh also asked if they “mind[ed] if [he] looked” in the car. McWeeney and Lopez orally consented to Officer Walsh’s request. The government does not dispute that this consent provided the sole authority for the government to search McWeeney’s car.

Officer Walsh then returned to his patrol…