If an officer did not see the arrestee inside the vehicle, they may still consider the person to be an occupant if:

An officer may consider a person to be an occupant of a vehicle even if they did not see the individual inside, based on the evidence of a close association at the time of arrest. This means that if there are indicators suggesting the individual had a meaningful connection to the vehicle—such as a recent interaction, presence of belongings, or other observations linking them to that vehicle—those factors contribute to the assessment that the person may be regarded as an occupant.

This reasoning relies on the idea that proximity and association are significant in determining occupancy, rather than merely physical presence within the vehicle at the time of the officer's observation. It reflects an understanding of legal concepts surrounding possession and occupancy in this context, which may be critical in law enforcement operations and in ensuring that proper procedures are followed during stops or arrests.

The other options touch upon reasons that do not inherently establish a legal connection of occupation, such as the identity of the driver or the parking situation of the vehicle.