If me and my friend are just sitting in our car and we have stuff locked in our glove box, are cops allowed to take the car keys and open it if they think they have a decent reason todo so?
2006-11-29 10:10:04 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
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.
2006-11-29 14:50:56 · answer #1 · answered by James P 4 · 0⤊ 0⤋
There was an incident where a driver committed a crime.
the police approached him, as he was outside his car.
The officers searched his car, because he had been the person who commited the crime.
however, since the driver wasnt inside his car at the time, it was considered unjustified, when they found some illegal stuff in the guys car.
Go figure. Another example of our flawed legal system
The guy had illegal stuff in his car, but it couldnt be used against him.
but for arguements sake I included that in this topic.
2006-11-29 13:44:53 · answer #2 · answered by writersbIock2006 5 · 0⤊ 0⤋
NO. A cop cannot search any part of your car without a warrent. They can look in the windows, but they cannot unlock the trunk or glove compartments. I do believe there is somthing in the constitution about this.
2006-11-29 15:07:33 · answer #3 · answered by Phillip Bob 1 · 0⤊ 1⤋
yes they do, they even have a little trick that makes it all legal.
If they ask your permission to search your car and you say yes, they can inspect All areas, even locked ones
if you say no, it gives them probable cause to detain you (in their backseat in handcuffs) to search EVERY part of your car
If a cop ever asks you if you would like a "free warrent check", say no, and walk away. its another trick
2006-11-29 10:20:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you gave them permission to search, yes. If not, they need probable cause and a warrant but they can detain you until that warrant is obtained if they have probable cause.
2006-11-29 10:17:05 · answer #5 · answered by Sir J 7 · 0⤊ 0⤋
IF they have enough reason to search your car, probable cause, yes they can.
2006-11-29 10:21:30 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, they must have either your permission or a warrant to search your car. If they don't have a warrant and you don't want them to search your car, it is illegal for them to do so and you can take them to court and sue the department.
2006-11-29 10:12:14 · answer #7 · answered by Chanele G 2 · 1⤊ 1⤋
Absolutely, it's called probable cause to believe.........
and if probable cause is questionable than reasonable suspicions will suffice.
2006-11-29 10:21:57 · answer #8 · answered by Annie 6 · 0⤊ 0⤋
if you give them reason to!
They can do anyway, pretty much anyway if they have stopped you for a reason already!
Remember you are probably on a public highway!!
2006-11-29 10:18:21 · answer #9 · answered by Stoneeye 1 · 0⤊ 0⤋
be careful this encounter can be deadly as cops can and will murder you if givin a oppertuinty be very care full in this situation
2006-11-29 10:40:24 · answer #10 · answered by Anonymous · 0⤊ 1⤋