Under the patriot act...?

Question

Under what condition does the patiot act give an officer the right to search a locked glove box in a car .

I know that Jay-z says that they would need a warrent for that, but I think that song might be older than the patriot act.

I want to know because I just got a car and I only know my rights on foot.

Answer 1

The law has not been changed in regards to your glove-box. The "wingspan rule" is still in affect, that means that an officer on a traffic stop can only search areas which are within your grasp. This is a rule put into affect for officer safety to avoid someone being able to grab a gun but to protect privacy rights as well. The Patriot Act has not affected this. Jay-Z is correct. P.S. I am a cop.

Answer 2

If the police have PC (probable cause) to search your vehicle for whatever reason that may be ( they see drug paraphenalia in plain sight, smell odor of marijuana, etc) They can and will search EVERY INCH of that vehicle. They are not bound to search ONLY under the seats, or ONLY in the center console. If you have a locked trunk or glove box, you will be asked for the keys, and they will open it. No warrant needed, no questions asked. This is basic municipal law and has absolutely nothing to do with the Patriot Act, as this practice has been going on for decades.
If you have to ask this question, then you might not want to carry around your illegal drugs, weapons, or whatever around in your car, because YOU are the type of person these laws were enacted to snag.
Also, some friendly advice...if you're getting your legal advice from Jay Z or ANY rapper for that matter, you definitely need to look elsewhere, because those guys get busted constantly.

Answer 3

It's not an issue under the Patriot Act. The Patriot Act does not change the basic rules for probable cause and physical searches.

The requirements for a vehicle search are set by Supreme Court precedent. A search of anything within the driver's control requires either probable cause or consent, or a warrant. That includes a locked container or glove compartment, if there is probable cause to believe that specific criminal evidence is present there.

Answer 4

There was a recent (within the last couple months) adjustment to the search and seizures rules under the Patriot Act. I recall this being discussed on PBS's The Newshour but can't remember the details.

If I remember correctly, they no longer have to ask for your permission to conduct a search.

If I find it, I will edit and add a link later... if I have time.

Btw, yes he was referring to the older version.

Answer 5

Its a little hard to answer that with the President claiming that
the Patriot act means whatever he wants it to mean.

Presumably the police are working with the more traditional
interpretations of the Constitution, and so no, they couldn't
search a locked glove box unless there were exigent circumstances
(it was making a ticking sound), they had probable cause
(they could smell marijuana coming from it) or they asked you
and you let them.

However, nobody knows what the NSA is doing these days.

Answer 6

If you are pulled over, a policeman can search your vehicle. How do you think so many drug runners get caught for bad tail-lights, speeding, failure to yield, etc.

Why do you think seatbelts are mandatory and motor cycle helmet laws are on the decline?? Is is really about safety???

My own opinion is that pulling someone over for a seat belt violation is just another legal opportunity to search a vehicle.

If they thought there was a value in searching motorcycles, then maybe helmet laws would be universal...or if the people making the laws really did care about your safety.

Answer 7

If you're going thru customs at the Canada boarder coming into the U.S.A. the officers can literally tear your automobile apart. (And that didn't start with the Patriot Act, either.)

Answer 8

That's not the Patriot Act.

Answer 9

If you're a US citizen, the Patriot Act has no impact there. If you are NOT a citizen, the mere hunch that you might be a terrorist or that it might be in the national interest would be sufficient. Welcome to New America.

Answer 10

according to the 4th amendment of the US constitution, the police need to have a warrant to search your house, person, personal papers and property. a car would be included.