Excerpt from Term Paper:

...... The judge at the preliminary hearing on the drug-possession charge is unlikely to allow the case to proceed. His reasoning is likely to be that the search of the vehicle was impermissible because there was no probable cause to believe that Harry was engaged in criminal activity and Harry did not consent to the search. Furthermore, there was nothing in plain view in the car that would have led Hardbutt to believe that Harry was engaged in illegal activity and justified the search of the rest of the car. The state will argue that Harry consented to the search of his car. As a defense attorney, I would counter that argument with the fact that failure to object is not the same as consent; therefore, Harry gave no consent to search his car. The state may try to argue that, by giving Hardbutt the location of the marijuana field, Harry was consenting to a search of the field. Not knowing the appearance of the marijuana field, it might even have been possible for Hardbutt to identify the plants on it as marijuana prior to entering the field, which would have given him permission to enter the field. However, when

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