Does CT State law allow police to enter an auto without permission?

Question

Can CT police trump the 4th Amendment to the US Constitution when spotting a van in a no-parking place by entering it, rummaging through glove box to find registration, issuing a $75 parking violation citation and leaving ticket and registration on dashboard inside car?

Isn't an automobile an extension of one's domicile to some degree requiring probable cause before the police may enter? Or is a car seen as some sort of public conveyance operating with state permissions on public property with fewer rights than a home, with regard to entering it without permission, knowledge of owner, court warrant, or probable cause?

If CT law does allow this behavior, isn't such a law pushing at the limits of the US Constitution's 4th Amendment.

Would appreciate only knowledgeable respondents, please.

Thanks,
Jack

Answer 1

Check out the Carroll Doctrine. Motor vehicles have exceptions that houses don't have.

On a parking violation the police can enter a vehicle to remove an item that is covering your VIN. Was your VIN covered?

There must have been some reason for them to have to enter to write the parking ticket. They arn't just going to go in there under normal conditions.

Answer 2

Okay Jack...here it is. I don't quite see the purpose of going into a glovebox in an unlocked vehicle to get the registration information for a simple parking ticket. I think just the simple fact that the parking ticket usually asks for a brief description of the vehicle such as make and color and the marker plate is enough. If it turns out to be a misuse of plates...oh well. Its only a parking ticket and not a criminal offense or even a moving violation.
Now...say you left your vehicle in a no parking zone and it was going to be towed. The police have a legal right to enter into the vehicle and inventory it as a "caretaking function" This doesn't mean that they can pry open the trunk and take a peek inside however they do have a right to go into your glovebox and locate any necessary papers to check for proof of ownership. After all...when you call to report your car stolen they'll be able to tell you right away.."Nope...it isn't stolen".
A motor vehicle doesn't quite fall under the same rules of search and seizue as say your home. Your house doesn't have wheels. It can't be moved quickly in an effort to forestall a search or evidence being destroyed or lost. You DO make it a point to get a warrant for locked containers or trunks but again....only when involved in major cases. other than that...if you're pinched and the cop cuffs you and drops you into the cruiser he/she will begin to inventory your vehicle, again as a 'safekeeping" function. He/she may also search anywhere within the wingspan of the vehicle so if you jammed that big bag of ganja under the seat....no warrant is needed to take it, seize it and then screw you to the wall with it.
So...I hope that answerts your question. In the meantime...forget even pitching a b*itch about the ticket. You were parked illegally and you got whacked. Pay the ticket and watch for tow away zones and no parking areas in the future. Just thank Christ you weren't screwing around in Hartford. They hook cars.

Answer 3

I think you need to go back to law school.

There are a number of circumstances where an officer might not need your permission:

1. He got a warrant. Since cop cars have onboard communications with a judge 24x7, that's not a problem.

2. The cop has probable cause that a crime is in progress (ie, you're transporting drugs), or that a life is in danger (you have someone in the trunk).

In this case, all the cop has to say is that he had to make sure that no one was inside in dire straights, that no crimes were being committed, and that it didn't contain a bomb. You make it clear that the van was illegally parked, as was Tim McVeigh's van before it blew up.

If the van would've been on your property, in your garage, etc then you might have a valid complaing.

Nice try tho - raising a parking ticket to a 4th amendment issue - but you do need to retake Con Law.

Answer 4

To my understanding if and only if there is a reason to go into the vehicle. Leaving a vehicle unlocked and in a no parking spot would give the law a reason to go through your vehicle.
When stopped by the law I have always been taught to crack the window a little, talk to the cop through this crack, when getting out roll up window and lock the door. If you give them permission and the car keys is the only way the law can search the vehicle. I have yet to use this though....
This is just my understanding, I am no expert....

Answer 5

The car is not an part of the house.

And while to do a search they have to have probable cause,
Normally we merely ran the VIN number visable form the outside, but since the being parked illegal gives us grounds to impound the vechile, we are allowed to enter into it.

Next nothing stops them from doing the search, if they found something illegal, then you can move to have it excluded.

As a officer who has opened 100's of glove boxes over the years to find identifing info

Answer 6

“In this scenario; a Police Officer was assigned to investigate possible drug activity at a local resident. When he knocked on the door, he began explaining to the person who answered it his concerns, and why he was there. While he was speaking to the person, he began to smell a strong acidic order coming from inside the home; that he believed could be used to manufacture the drug methamphetamine. What should he do?”

Answer 7

The goverment is completely disregarding the constitution and they doing in the name of terrorism and drug control. It used to be that they required probable cause, although they found ways around that too ... now if they say they have a tip on drugs or terrorism they can do anything they want including but not limited to wire taps, searches, and holding you in jail without representation. If you feel they illegally entered your car then contact a lawyer and see if there is anything you can do about it. If we don't fight for a rights we will all be living in a police state very soon.

Answer 8

If the van was left unlocked then that is OK but thy need a warrant to break in unless there was a problem with the van

Answer 9

Yes, by using Connecticut's roads (which is a privilege, NOT a right), you have agreed to abide by their rules and regulations, one of which is allowing them to search your vehicle.