Can a police officer search your glove box or trunk without a warrant?

Question

My husband and I are having a little disagreement. So, we need the answer to this question. If your trunk and glove box are locked, can the cops still search it without a warrant? Please answer so we can settle this. Thank you!

Answer 1

Boy. There are a lot of people answering this question who really don't know the rules in this country. I speak from 11 years of law enforcement experience, many of those specifically developing traffic offenses into greater crimes. So people don't think I am feeding you a line of police BS, I included the laws that established each of the rights and reasons to search. Feel free to research them yourself so you can see I am giving you the straight scoop.

There are many times when the police can search your entire car, including your trunk, glove box, and even locked containers within your car, without a warrant. I'll lay out four of the most common techniques I use to search cars.

(1) Consent. Can't go wrong here. If you ask for consent to search and the driver (or person in charge of the vehicle) gives you consent, you can search the entire vehicle. The consenting party has the authority to withdraw their consent and/or limit the areas you can search.

On reasons (2) through (4) consent makes no difference. If the police can meet one of these requirements, they will legally search your car with or without your consent.

(2) Probable Cause. If you develop probable cause during a traffic stop, you may search the vehicle without a warrant. This is commonly called the "motor vehicle exception" to the search warrant rule. The authority for the police to do so was first established under a US supreme court case called Carroll v. United States. The courts have since expanded on this case and allowed the police to search items within the vehicle regardless of who claims ownership of the items. Under this technique, the police can only search areas where it is reasonable to believe the contraband they are searching for may be found. For example, if the police believe they are lookng for a rifle, they would not be able to search a purse. However, if they find the rifle and now believe they might be looking ammunition, the search of the purse is good.

(3) Pursuant to arrest. If the police arrest you for a bookable offense while operating a motor vehicle, they may search the areas under your control (including the passenger compartment and possibly other areas of the car) for contraband or weapons that you may have discarded. This authority is established under case law named Chimel v. California.

(4) Inventory search - If the police have the authority to tow your car, they may search it under the premise that they need to inventory all items contained within the car prior to towing the car. These searches were upheld under the community caretaking doctrine established under South Dakota v. Opperman.

There are other ways to get into a car. Too many to go into here. Truthfully, there is almost NEVER a time when the police need a warrant to search a car. In my 11 years, I think I have obtained a warrant for two or three of the probably 1000 cars I have searched, and those cars were firmly secured in the police impound lot pending the warrant.

Hope this settles your dispute.

Answer 2

Based on reasonable suspicion, say an officer smells pot, that officer can search anywhere the driver has access. That means anywhere in the cab of the vehicle including the glove box. A locked glove box requiring a key can be debated. If the driver could have locked the glove box while leaving the keys in the ignition, fair game. If not no. That leaves the trunk. An officer can not go into the trunk of the vehicle without a warrant. If the officer finds even a seed, the car is then open for a complete search. The reason being that the car is considered exigent because it can leave the scene. Same thing with a dog hit. Consent leaves the entire car open to the officers.

Answer 3

1

Answer 4

2

Answer 5

Did the police pull you over for a violation? Was there an indication that you committed a crime? Did a drug dog alert on the car?

If the police have probable cause that a crime has been committed, then they can under the "mobile convenance" exception to the 4th amendment (the evidence of the crime can be moved before a warrant can be obtained) and there is probable cause that it is in the locked glovebox or trunk they can search it.

Also if the vehicle is impounded then an administrative inventory can be conducted.

If consent is given by any person having authority over the vehicle it is permissible.

Answer 6

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RE:
Can a police officer search your glove box or trunk without a warrant?
My husband and I are having a little disagreement. So, we need the answer to this question. If your trunk and glove box are locked, can the cops still search it without a warrant? Please answer so we can settle this. Thank you!

Answer 7

Glove Box Lock

Answer 8

Not without a warrant they can't. But what they can do is ask permission to search, if you refuse they can impound your car. While it's impounded they are required by law to do an inventory of all items in the car so you can't claim they stole something out of it. That's how they get around it without a warrant

Answer 9

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Answer 10

Not if they are locked however they can impound your vehicle or bring in a drug sniffing dog and if it it bark then they have probable cause to open it up. may drug dealers and mob types have secret gun safes put into the car where they hide a gun. Usually it won't be found on impound unless a thorough search is done. usually removing a passenger airbag or floorboard does it. opened by hitting the stereo, ac and cruise stop or some combo. but back to you original question if you fail to open then that gives suspicion.