If a cop pulls you over and tells you to open your trunk or glove compartment, do you have to?

Answer 1

I think they need probable cause--you could always ask politely, "is this a voluntary search, or do you suspect I have something in the trunk?" Then they might at least think twice.

This of course is most fun when you have absolutely nothing in the trunk.

Keep in mind any type of suspicious behavior--anxiety, indirect answers, etc. may be interpreted as probable cause.

Answer 2

The long and the short answer is Yes, with a few exceptions. The officer must have probable cause, the extent of the search can depend on the item for which the officer is searching and the requirement for a warrant can depend on the state in which the search is taking place.

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Explaining the legal precedent:
In this country the search of a vehicle is governed by what is known as the "motor vehicle exception". This was established in 1925 by the United States Supreme Court in the case of Carroll versus the United States. The exception, as stated by the court, "allows an officer to search a vehicle without a warrant as long as he has probable cause to believe that evidence or contraband is located in the vehicle."

The reason behind this exception was that there is a different expectation of privacy when you are in a motor vehicle. In addition, there is viewed to be a higher level of urgency with a motor vehicle than with a stationary location due to the mobility factor.
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Exception #1: Probable Cause requirement
The search is limited to areas that are covered by probable cause. This DOES include the glove compartment, trunk and any containers in the vehicle that may contain the item for which he/she is searching. So if they believe you stole a 52" flat screen plasma television set then they DO NOT have probable cause to search your glover compartment or ashtray.
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Exception #2: Variation according to the state in which the search is taking place.
In some states there is a requirement that the officer show that there was not time to obtain a warrant before conducting the search. If you are in one of those states and the officer fails to demonstrate the time contingency factor then the search is considered illegal. However, if you are not in one of those states then the officer is not required to obtain a warrant at all. The 10th Circuit Court of Appeals has ruled that a warrant does not need to be obtained if police have probable cause to conduct the search of a motor vehicle.
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The motor vehicle exception has also been found, in some cases, to be applicable to planes, boats, trucks (with trailers) and motorhomes.

Answer 3

No, you are not required to. However, if you do not, this is what will happen:

If the cop has probable cause, he will look in the trunk and/or glove compartment anyway, even if they have to be forced open. Probable cause to look in trunk = reasonable suspicion that there is contraband or other evidence in trunk. Cop also has authority to look in glove compartment if reasonably necessary to ensure officer safety.

No warrant required to search a vehicle, as long as probable cause exists.

Answer 4

Sort of depends on why they pulled you over in the first place. Speeding...then no, you can question why they need you to do this. Drunk driving or appearance of being under the influence of a drug, chemical or otherwise...yes, of course you can refuse but then that gives them probable cause to search the car. Refusal doesn't mean you don't have anything to hide, it simply means you've just made them suspicious enough that now their instincts as a cop have really kicked in.

Best to co-operate...I've seen some troopers at work...safer to pop open the compartment and show them your junk than not to in some areas.

Answer 5

The only way to reply to this is to Quote a cite directly from the 4th Amendment to the Constitution, and the Georgetown Law Journals Codes Of Criminal Procedure, and pursuant to a common term called a "Terry" stop which is a case that went to the Supreme Court as Terry v. Ohio, 392 U.S. 21, and see also; Whren v. U.S., 517 U.S. 806, 811-13 (1996). Under the 4th Amendment, probable cause or exigent circumstances must exist in order to search anywhere that an expectation of privacy is to be considered. Under warrantless searches and seizures in my Law Journal P. 48; under U.S. v. Lott, 870 F.2d 778, 785 (1st Cir.1989) " not reasonable to detain and search car because only offense was traffic violation, officer did not fear for safety nor frisk for weapons, and officer admitted search was for contraband rather than weapons." To try and sum up your answer, If an officer "TELLS" you to open the trunk/glove compartment, He MUST state His reasons. In short "NO" , YOU DO NOT HAVE TO OPEN "ANYTHING" unless they present a WARRANT!!

Answer 6

No. But you should.
If a cop has reasonable cause (i.e. he smells pot or sees something illegal) he can and will search your car without your consent.
If he is asking for your consent, it is because he has a suspicion, but no evidence. If you say no, his suspicion has been confirmed, and he will detain you while he gets a search warrant, or he will arrest you on whatever charge he stopped you for, impound your vehicle, and then get a warrant.
Either way, you will not succeed in breaking the law just by being difficult to deal with. The cop gets paid for 8 hours work each day, and doesn't really care if he spends 7 hours of it wasting your time because you didn't want to cooperate.

Answer 7

I think it depends on your state so check local laws. In NJ, I believe, they can open your glove compartment if there's no lock on it but they need a search warrant for your locked glove compartment or trunk unless they physically find something in your car that gives them probable cause.

Answer 8

Believe that they have the authority, but even if they don't it's
to your benefit to cooperate rather that have the officer pissed
off and/or suspicious of what you're up to. Then, both of you will be stuck waiting for a warrant that WILL make it so ya hafta submit to a long, hard , search cause you act guilty ........ just git er done, it's a quick peek and you're on your way (probably with a "have a nice day, and drive careful" from the guy/gal that pulled you over)

Answer 9

No! Do not do it! The only way they can force you to open your trunk, glove compartment, or car door is if they have probable cause, like if your a minor and have a empty beer bottle in your car in sight. If there is nothing, then they have nothing.

Answer 10

Yes. But If your glove compartment or truck is locked with a key they need a warrant to open it. At least that true in NYC