If I grant an officer permission to search my car can he open a locked glovebox without my permission?

Question

Ok during my pat down for marijuana the officer took my keys out of my pocket during the search and then went to the car and began the search and came back with an ounce of weed from the locked glovebox and then place me under arrest

Answer 1

I'll add my opinion and whip this horse too. Basically, you gave permission to the officer to search your car. The officer had your keys and (with your permission) searched your car. At some point the officer unlocked the glove box with the keys he/she took from you. When you give consent to search something you have the right to revoke that consent. It doesn't sound like that happened. The officer made a valid search and you are looking at a drug charge.

On an interesting side note you could have granted the officer consent to search your car but specifically told the officer they could not search your glove box. Then the search of the glove box would have been improper and you could have the weed suppressed at court for 4th Amendment Violation.

Answer 2

You are talking about 2 different issues/circumstances in this posting. Did you grant permission to search your car? Did the officer ask if he could search & you said yes? Did you simply not object when he searched? Did you willingly grant permission or were you intimidated by his actions & felt you had to grant permission? Was your permisison valid or coerced? I am unsure from what you wrote just what the circumstances were.
First you ask if "... I grant an officer permission to search my car..." Under that circumstance, he can search any part of your car, including a locked glovebox or locked trunk since you gave permission. But you also have the right to withdraw your permission if his search is based soley on consent. Consent to search can be withdrawn as quickly as it is granted. Once withdrawn an officer would have to articulate his reasons in support of probable cause to continue searching.
The 2nd issue is was this a consent search or not. You go on to say how the officer was patting you down. A pat down is not a search. A pat down is conducted for officer safety & is pretty much restricted to checking for weapons [there are some very limited exceptions]. Finding keys in a person's pocket is to be expected. The officer would need to explain why he entered your pocket to get the keys.
I do think there is a lot more to the incident than what you have shared. Such as, why was the officer patting you down for marijuana? Had he smelled marijuana on your person or in your car? Was it just a pat down or more? [Remember, pat downs are to check for weapons, not to check for dope.] Why did you believe the pat down was "for marijuana?" Why did the officer contact you to begin with? Did you ever object to the officer taking your keys & unlocking the glovebox?
Had you simply asked your initial question, this would be very easy to answer - yes he can open a locked glovebox based on your consent to search. But you went on to tell a little more that only confused things.

Answer 3

If you give permission you have given permission. So yes they can go into all parts of the car. You can of course revoke your permission but that could easily raise reasonable suspicion on the part of the officer. The courts have ruled that you do not have the same rights to privacy of a vehicle as you do for an abode. I cannot remember the specific court case but the supreme court decided in the early 80's that the locking of boxes in a vehicle to not preclude there being searched if the search is legal for the rest of the vehicle. If you give permission then the search is legal.

Answer 4

It IS part of your car. Did he break it open or ask you for the key? I think as long as you gave permission for your car to be searched he has a right to search all parts of it. Just like the trunk. It is usually locked too, but they have a right to search it.

Answer 5

You're toast. You gave permission for the search. You can not consent to a search and then limit the search at the same time.

An ounce of weed is a misdemeanor offense. Pay the fine, not even Perry Mason can help you. . .

Answer 6

If you really want to know, read the fourth amendment in the attached link. Annotation page 3 - vehicle section.

If the officer asked, he was just being polite. He didn't have to ask to search your car. With cause, a warrant-less search on something mobile is legal.

Amazing how you were carrying illegal drugs and you want to find a way to blame the cop.

Stop breaking the law and you won't have to try and find loopholes in the constitution -

Or move to another country - Mexico or South America likes druggies ... If they don't like whats in your glove box, they just shoot you.

Answer 7

You gave permission to search, so yes it is legal. Had you refused, all i need to do is have a K-9 officer respond, have the dog alert on your car, which now gives me probable cause to search you car without your permission. either way, the weed would have been found.

Answer 8

A warrant isn't had to seek a motor vehicle. This replaced into desperate in Carroll v. usa, oftentimes called The Carroll Doctrine. the load of information required to seek a motor vehicle is "probable reason". whether, the officer is decrease than no legal duty to tell you what his probable reason is, and he would properly be deceptive. it would be unusual for an undercover cop to end somebody for an kit violation, so my guess is they won a tip you had a police radio and/or blue lights furniture. Having the lights furniture for 5 years does not cause them to legal. It in basic terms capability you probably did no longer get caught. even nevertheless radios and scanners are legal to sell, they may be prohibited in a motor vehicle. If the officer observed the radio/scanner in common view, that alongside with the blue lights furniture may be probable reason. confident, you're able to do away with the summons . All you would be able to desire to do is plea no longer in charge and tutor you weren't in violation of the regulation.

Answer 9

If you gave permission, then, yes, they can. I'm a law enforcement officer, and I would NEVER grant permission for a search. There are countless people on this forum who would tell you, "if you have nothing to hide, consent." However, we live in a country which "endows" us with certain rights, and among those is the right to be free of illegal search.
Whether you have something to hide, or not, do not consent. EVER.

Answer 10

Yes...The glovebox is part of your car, and you gave him permission to search the car.