If I am pulled over for a light out can they search a locked trunk/box with out my permishion?

Question

If I were stoped for ,say a faulty light,at 2.00Am and not found to be intoxicated can they open my locked trunk or glove box with out a search warrent? Can they, if they have "probable cause" like maybe, finding a glass drug pipe in the car.... suspecting me to be on drugs by apearence....or, not liking my race!! I believe it to be aginst our rights if they can open a locked area of my car with out obtaining a search warent first!!and can they get a search warrent with out "probable cause" And, can you define exactly what "probable cause" is ,please......T Y...I will rest easyer with the answers you give

Answer 1

Once again, most of the answerers of Answers are wrong. The police *typically* have the right to search your car on 3 occasions:

1. You give permission.

2. They have a warrant specific to the car.

3. They have probable cause.

Laws may vary in your state.

A glass pipe could certainly be considered probable cause and would probably hold up in court. This along with the time of night that you were out and if you acted suspicious at all could easily have lead to a probable cause situation.

However, if you feel that your civil rights as a US citizen have been violated, contact your lawyer ASAP. If you do not have one and you wish to pursue, consider contacting the ACLU to see if they can refer you to one or if they have recommended steps that you can follow.

Answer 2

On June 1, 1982, The Supreme Court, with a vote of 6 to 3, ruled that the warrantless search of the containers found during the search of the car was constitutional, falling within the existing precident for a warrant-less search called the "automobile exception". Justice John Paul Stevens delivered the opinion of the Court.

Much of this case is derived from the precident set by the 1925 Carroll v. United States (267 U.S. 132) case, where the Supreme Court ruled that police officers may make a warrantless search of an automobile if they have probable cause to suspect that it contains contraband. This is known as the "automobile exception" to the Fourth Amendment's warrant requirement. The court's reasoning in Carroll v. United States was twofold: First, the "practical mobility" of an automobile made it impractical to take the time to get a search warrant from a magistrate, since in that time the vehicle could leave the jurisdiction. Second, vehicles were presumed to have a lower expectation of privacy than houses or personal containers, since they provide clear visibility of their contents (through the windows), and their primary purpose is the transportation of people instead of the storage of personal property

Answer 3

The fact that they stopped you for a broken light means that there was probable cause to stop you (i.e., you broke a law thus requiring them to stop you). Therefore the stop was legal. If they discovered drugs in plain view, or a pipe in plain view, then they must arrest you for possession, and if they arrest you lawfully, they CAN search your car incident to the arrest. BUT if the only law you broke was a broken light, and assuming that you did not break any law that would require an arrest, they cannot search your car. Of course, if you APPEAR intoxicated or under the influence of drugs, then probable cause does exist and they can arrest you and thus search your car.

"Search warrants" are generally more applicable when searching a home or other form of property, not car.

Answer 4

If they find a drug pipe, at that point you could be considered under arrest if they want to.

That is what we would do arrest them for the drug equipment.

After they are arrested, you impound the car, so you don't search it, but you have to inventory it for the purpose of the impound. And guess what you find all sorts of things when you inventory it.

But you have to have a valid reason for the arrest to start with.

AA drug pipe in your car would be probable cause to get a warrant for a car.

Answer 5

If you are stopped you have to give permission for them to search, now if that drug pipe is in plain view, too bad for you, they can arrest you for the pipe and search the whole truck. If worse come to worse, I will call for a K9 to come and sniff, if the dog alerts I can thensearch the car also. Usually, the person I pull over gives "sign" like acting nervous more than normal people do. Make gestures like they are trying to hide something as they pull over etc.

Answer 6

Without probable cause to search your car, they cannot search it without your permission. That is, if they pulled you over and saw nothing in your car or by your actions they have insufficient cause to search.

However, the presence of a visible illegal item such as a drug pipe would give them the probable cause they need to conduct the search. Moreover, if they bring a drug dog that detects drugs in your car...that is also probable cause to search. Remember, if you say "No" to a search and their is no visible signs to permit the search....the Officer can summons a drug dog to check the exterior for odors. If the dog senses drugs, that is sufficient cause. The courts have upheld that this is legal because the dog can sense without physically entering.

Answer 7

Probable cause is very open to interpretation.
If they see a glass pipe for smoking, yes that's probable cause. Do you think you're going to go on your merry way while they get a search warrant? That's not the case. They will tow your car in and take you in until the warrant comes through. So then you'd get to sit in a holding cell with dregs, and then you get to pay dearly to get your car out of impound.

Answer 8

I'm not sure as to the laws pertaining to your region but here in Toronto, unless the officer has reasonable grounds, they cannot perform a search based on a faulty light. The same goes for a search; only if the subject is apprehended for the purposes of arrest, can they be searched. Find out by your local authority, the criminal code or police guidlines as dictated by your state. In Canada, all officers must adhere to the Canadian Criminal Code.

Answer 9

well.....the 4th Ammendment protects you agains illegal searches and seizures.....HOWEVER

If you get arrested for DUI, DWI or because you have warrants, that 4th ammendment goes out the window since the search of your vehicle is legal due to the incident of your arrest.

The officer does not need your permission to search your car if you have been arrested. Is called a search incident to an arrest. Furthermore a polcie Ofc doesnt need to have a "Search Warrant".

In the case of Carroll vs U.S. He claimed that after his arrest they searched his car and that the Ofc was in violation of his 4th Ammendment right. since according to Carroll they need it a search warrant.

The Supreme court ruled that "Searches without warrant are valid if incidental to a LAWFUL arrest. This practical rule
protects the officer. Courts agree that it is wise to search the arrested individual and the area with in search. The officers can legally seized any relevant evidence found in the process"

Hope this helps

Answer 10

an officer has probable cause to believe an offense is being committed if he/she sees clear evidence of such..ie the crack pipe you describe. On a dui for example, you may be searched incident to your arrest, but the cars trunk would not be subject to search because dui doesnt suggest that evidence of that crime would be found there. On the crack pipe the whole vehicle would be subject to search because the pipe indicates the likelihood that drugs would be concealed.