Is it legal for a cop to search a car based off the driver's consent but the only owner of the car was in the passenger seat and not informed about the search whatsoever?

Answer 1

The operator of the vehicle (driver) is legally responsible for the contents of the vehicle and can give consent to search the vehicle. As long as the consent was given voluntarily, not coerced, and the person consenting has actual or apparent authority over the vehicle. This is considered a "third-party consent scenario." The third-party driver of the vehicle can consent to a search while the owner is present as a passenger. Rodriguez, 497 U.S. at 186. A critical factor to consider is whether the owner/passenger objected to the search.

So the question is: Did the owner/passenger object to the search?" If not, I don't think the owner has an argument.