Generally police cannot search the trunk of your car. What if you have an SUV/Minivan that has no trunk?

Question

Since a minivan/SUV does not have a trunk, is there any portion of those vehicle types that would be considered the trunk?

No trunk searches

Officers may not search the trunk of a car as an incident to the arrest of an occupant.(89) There must be some independent justification for a trunk search, such as consent, probable cause to search, a search warrant, exigent circumstances that justify a warrantless search of the trunk, or a lawful vehicle inventory search of the trunk.

Note that if officers have probable cause to believe an occupant recently committed a crime in which property was stolen or a weapon, mask, or other instrumentality was used, they will probably have probable cause to search the car, including the trunk for such fruits and instrumentalities.(90) Examples: arrest for armed robbery provides probable cause to search for weapon and loot; arrest for DUI-drugs provides probable cause to search for drugs.(91)

Try again. Most of the answers to date are WRONG and/or UNINFORMED. Im not speaking of "plain view" so that is irrelevant.

The United States Supreme Court narrowed the scope of a lawful warrantless search incident to arrest inUnited States v. Chadwick (1977) 433 U.S. 1 [53 L.Ed.2d 538, 97 S.Ct. 2476], in which officers searched a 200-pound locked footlocker taken from the trunk of an automobile after the defendants arrest and seizure of the vehicle. (Id, at pp. 4-5 [53 L.Ed.2d at pp. 543-544].) The court held that "... warrantless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest either if the 'search is remote in time or place from the arrest' [citation], or no exigency exists. Once law enforcement officers have reduced luggage or other personal property not immediately associated with the person of the arrestee {Page 110 Cal.App.3d 70} to their exclusive control, and there is no longer any danger that the arres

Answer 1

I don't know what state the people with the first two answers are from, but in Texas that is in correct. Someone acting nervous does not fully constitute probable cause. You can add that in the probable cause/complaint form that you fill out when you do arrest someone just to have more for your case, hesitating and being nervous does not actually come as probable cause.

As for the answer to your question, no there is not a cargo area in the SUV/minvan unless the state identifies a specific area, such as the place under the backseat where you keep the spare tire. In Texas, there is nothing like that regarding storage or truck space in an SUV/minivan.

Also in Texas, and most of the states that I am aware of, you can search the whole vehicle as an incident to arrest. Trunk space included. Why would they tell you that you can search the entire car if the person is arrested on a warrant, but not search the trunk?

Also, another thing is that when someone is arrested and the officers call for a wrecker service to tow the vehicle away, the have to list all the property that is in the car. That means he has to go through it and log down everything. That includes going through the trunk. I know there is not a state that would say he can't do that. What if the person liked to carry around a personal stash of money in the trunk that totalled to $10,000? That would then make the department and/or state liable for it.

Answer 2

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Answer 3

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Answer 4

With an SUV the entire vehicle is open and viewable from the outside in plane sight. Plane sight is not a search and is completly legal. A cop does not need a warrent to look through the window to the back seat.

Answer 5

There in a cargo area in the rear, back of the last seat that is considered to be like a trunk, that being said, if the cops want to search, they will do it, if you don't look them square in the eye, you are nervous and that is probable cause. when you are on the road and get searched, whose word do you think a judge is going to take?

Answer 6

If the windows are NOT darkened they can look through them. If they are darkened they can (for officers safety) have you open the back door lid to have a look to make sure there is no safety threat. They can check any area within immediate control of the operator. If there is probable cause then yes they have a more larger area to expand their search.

Answer 7

SUV do not have trunks. The only portion that could be considered a trunk would be those storage bins in the floor of some of them I would think.

The laws you quote above in your question are American, Canadian case law is different.

Answer 8

If they can see it they can confiscate it. It is the in plane sight rule. If you have something in your SUV that is under a tarp, they cannot look under the tarp without permission or probably cause, however, if you have a bunch of cocaaine sitting in the back of your minivan and the cop can see it plane as day, this gives him probably cause to check it out and arrest you.

Answer 9

They do desire probably reason! be certain you have no longer something that is considered from the exterior of the motor vehicle (bongs, pipes, alcohol, and so on.), and the scent of weed or despite you're hiding could be probably reason. in the event that they ask to seek your motor vehicle, say, "i do no longer consent to a seek". Then they're going to in all probability say, "Why, have been given something to conceal?". And only respond with, "No, I only have not got time for this". they'll attempt to TRICK YOU INTO finding YOUR motor vehicle. they could ask in the event that they could seek your motor vehicle in distinctive distinctive wordings, only shop responding with, "i do no longer consent to a seek". i could even prepare asserting "i do no longer consent to a seek", quite a few situations on your individual so it rolls of your tongue if the party ought to ever upward push up. you additionally can decline a seek on your place and something on your persons, like on your wallet and backpack, and so on. in no way admit to possessing something unlawful, despite in the event that they are finding genuine at it, you do no longer ought to incriminate your self. law enforcement officials could be very no longer common, and are knowledgeable to lie to you. in case you're asked to step out of your motor vehicle, roll up your domicile windows, turn off the engine, close the door, and lock it in the back of you. And maximum critically, be respectful the full time - in case you act like a dick, they'll try even harder to get in there. better of success :)

Answer 10

Well from what i have seen they make it up as they go.