Quote:
|
Originally Posted by ElwoodBlues
I don't believe this is correct. I always thought that an officer could search anywhere in the car within reaching distance of your seat, however they need a warrant to check the glove box or the trunk
|
An officer can only search your car with probable cause, a search warrant or a search incident to arrest.
Probable cause is a tough one because there are so many factors to consider but one of the other two usually apply anyway.
Search incident to arrest occurs when one or all of the occupants in a car are arrested, not just the driver or the owner. Once this occurs, the cops can look anywhere and even force their way into a glove box if it is locked (this was just upheld by the supreme court). Now, this can only happen if the arrest took place at or extremely near the car. If you park your car and walk into a mall, then get arrested for a different offense (say an outstanding warrant), the cops cannot search your car without consent or a search warrant as the arrest had nothing to do with your car nor were you near it at the time. Now, if you were caught stealing and you had placed stolen items in the car, now they are clear to search as the vehicle was involved in the crime. Some cops may go for a search warrant anyway just to cover themselves but it has been proven here not to be necessary in that instance.