Can a cop search a locked glove box?

Answer 1

I'm not aware of exactly what you mean by a "search clause" associated with an arrest warrant. If you are referring to some clause of the warrant that gives law enforcement the authority to search the vicinity around the arrestee, then, yes, they probably do, seeing as how the glovebox would be right in front of them. Locked or not, the glovebox is certainly within the passenger/arrestees reach and control. If the police found any contraband in the glovebox after they searched it and used it as part of the charge against the arrestee, the arrestee's attorney could challenge the lawfulness of the search later, in court.

Answer 2

No. Police may not search your brief case. The Fourth Amendment protects people not places and was created to protect people from unreasonable searches and seizures. In order for the police to be permitted to search the locked brief case they must obtain a search warrant or have a warrant exception. The police would claim the automobile exception discussed at the bottom. The key in determining whether the Fourth Amendment is implicated depends on whether the police conduct actually constitutes a search and/or seizure. (1) In order for the Fourth Amendment protection to be invoked there must have been a search or a seizure. A warrantless search is per se unreasonable. A search is a governmental intrusion into an area or item that the person has a reasonable expectation of privacy and it is an expectation of privacy society deems a reasonably. Katz test. A seizure occurs when there is some meaningful interference with a persons possessory interest in the property. Because the brief case is locked the person has exhibited a subjective intent and a clear indicating that he manifested an intent to keep it private. A locked brief case is a privacy interest recognized by society. A seizure occurs once the officer takes the brief case by interfering with the persons possessory interest. A person has a lower expectation of privacy in a car, but not in a locked brief case. Thus you have a search and seizure. Now that the Fourth Amendment is implicated people are protected from unreasonable searches and seizures. Searches are deemed reasonable depending on the situation when supported by probable cause, warrants or exigent circumstances. (2) If a government agent conducts a search and seizure the next question is did they need a search warrant? (A) Warrants are not required for (1) searches incident to a lawful arrest, (2) a stop and frisk, (3) when the officer can see the evidence in plain view, (4) the automobile exception discussed below, (5) consent, (6) hot pursuit or (7) other exigent circumstances where the police must act fast to protect people or preserve evidence. (B) If none of the above exclusions apply then a warrant must be obtained. A warrant must be issued by a neutral (not paid) and detached (Not by chief of police or prosecutor) Magistrate. The affidavit supporting the warrant must provide enough probable cause to show the magistrate that incriminating evidence of the named items and person will be found. More likely than not test. Automobile Exception to the Warrant Requirement--First, an officer may pull over any car where the cop has probable cause to believe a traffic infraction was committed. Then an officer may order the occupant out of the car and conduct a pat down if he has a reasonable belief the person may be dangerous or have a weapon. An officer can only search the car if they have probable cause to believe elements of the crime may be contained therein. When the police have probable cause to search a car without a warrant, they may also search any container found during the car search that is large enough to hold the evidence for which they are looking for. They may search any container, glove compartment, bag, "Unlocked brief cases", tire wells, door panels and the trunk. US v. Ross 456 US 798 (1982). In NY v. Belton 453 US 454 (1981) the Supreme court held that a lawful custodial arrest based on probable cause justifies a search without a warrant of the person arrested and the "passenger compartment". The area for which he could access a weapon or destroy evidence. "The area within the arrestee's immediate control." Belton adopted the Chimil v. CA principal which provided that a search of the arrestee person and immediate area was "a reasonable intrusion under the Fourth Amendment". HOWEVER, officers can not search containers so well sealed that a weapon could not be obtained. Hence the reason why a locked brief case cannot be searched without a search warrant. Not the trunk, tire well etc as mentioned in Ross. Recently in new Supreme Court case Arizona v. Gant the court narrowed Belton and Ross by stating that "cops may only search the passenger compartment (Belton rule not Ross) ONLY if it is reasonable to believe articles related to the arrest are in the car. Thus, if your pulled over and arrested for speeding or driving without a license cops can not just search our car. If arrest based on drugs then search is reasonable. The other reasoning is based on the mobility and size of a brief case. Cops are permitted to search a car when they have probable cause because of the inherent mobility of the car which creates an exigent circumstance. People have a lesser expectation of privacy in there vehicle as well as its contents. But when the occupant has a locked box, brief case, a search warrant is required because the person has exhibited a greater expectation of privacy and the officer can seize the item until they obtain a search warrant. If they cannot get one they must give it back.

Answer 3

Generally, anything that an arrested person has in their possession can be searched and/or inventoried after arrest.

One reason is to limit the liability of the department and prevent claims of theft, another is to be certain that there is nothing dangerous or illegal contained inside.

Answer 4

A cop can only search someone's home or belongings if one of these two things is occurring. 1. They have a search warrant from a judge. or 2. They believe a crime is currently taking place.

Answer 5

If they suspect you have drugs or other illegal stuff NO.

Answer 6

with a warrant they can check anything.

Answer 7

yes if they have a warrant

Answer 8

not if its locked