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Big M
Antiprohibitionist
Joined: 17 Apr 2007
Posts: 57
Location: Illinois
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 Posted: Fri Apr 20, 2007 6:30 pm Post subject: Cash lock box in a trunk ? |
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I realize you are not an attorney , But i'm sure you can shed some light on this Scenario .
Since i'm sure you have run into this situation in the course of your official duties, Here is the question.
You get pulled over in a traffic stop , The police officer asks to search your vehical and you decline , Invoking 4th amendment rights .So if they are just messing with you they probably will leave you alone at that point, But if they really think you have something , They will need a Warrant to conduct the search .
Now two hours later your sitting on the side of the road and they get there search warrant, They Open the trunk And you have a small combination cash lock box one of those fire proof jobs, Here is my Question
Will the police need a separate search warrant to open that safe ? OR is it covered under the original search warrant ?
P.S I want to add to this scenario , That the driver has no contraband in the vehical , cash box, or on his person ,He is just not making the police officers job easy , He is making them go thru all the appropriate channels just for the hell of it.  |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 640
Location: Texas
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| Posted: Mon Apr 23, 2007 2:54 pm Post subject: |
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| Quote: | | They will need a Warrant to conduct the search. |
Police do not have to have a warrant to search an auto traveling on a public roadway. They must have probable cause (odor of drug, plain sight, k-9 alert or info from credible confidential informant) or permission from the driver. The courts have ruled police do not need search warrants during traffic stops because by the time the search warrant is issued, the evidence can drive down the road.
| Quote: | | Now two hours later your sitting on the side of the road and they get there search warrant, |
A two hour wait for a K-9 is too long and the evidence can be suppressed. I know your post says "search warrant" but the wait is usually for a dog.
| Quote: | | Will the police need a separate search warrant to open that safe ? |
No. If the police did the unnecessary and obtained a warrant, the scope of the search would include the safe. Further, if the police have probable cause as listed above, the scope of the search includes ANYWHERE THE CONTRABAND BEING SEARCHED FOR CAN BE FOUND. Marijuana can be found anywhere, therefore the cops can search everything...your person, trunk, lock boxes, fuel tanks, drive shafts...on and on.
Hope this helps.
Barry |
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Big M
Antiprohibitionist
Joined: 17 Apr 2007
Posts: 57
Location: Illinois
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| Posted: Mon Apr 23, 2007 4:00 pm Post subject: |
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| Very informative thanks ! You can always learn something. |
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