Anonymous

Can police search your trunk when they want?

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3 Answers

Sean Baker Profile
Sean Baker answered


The 4th amendment to the Constitution provides protection against illegal search and seizure. The police must have your permission or a court order to search your trunk. The exception is "Probable Cause". If an officer sees you put contraband in your trunk he/she can retrieve it. Also, if you are arrested a thorough inventory (including the contents of the trunk) will be inventoried. Many cops use this as a way around the 4th amendment.

The best advice is to not travel with contraband, or if you have already been caught with contraband, hire the best attorney you can possibly afford.

thanked the writer.
Yo Kass
Yo Kass commented
Isn't the "probable cause" thing open to interpretation and abuse though? I read something fairly recently about a woman who was pulled over, arrested and subjected to a full body search because she threw a cigarette butt out of the window and the officer assumed it was marijuana...

On the other side, there's a video on YouTube of a man that gets pulled over and flat out refuses to answer any of the police officer's questions, and is eventually allowed to go.
(video here: http://www.youtube.com/watch?v=gwYBshAScmE)

Maybe it just depends on who's pulling you over?
Anonymous
Anonymous commented
To put it simply, in most states police must have probable cause to search your vehicle. If this isn't warranted, you can refuse to let them do it. This does not, however apply to people who are on parole or probation. They are subject to compliance with the law at all times.
Yo Kass
Yo Kass commented
Ah maybe the woman I read about had previous convictions then.. thanks for clearing that up for me!
Arthur Wright Profile
Arthur Wright , Florida Paralegal, answered

No as they need justified probable cause to do so or have a subpaeona. Now at a traffic stop, they can ask you an if its up to you if you want to let them or they'll just get a warrant if they feel they have probable cause to search the trunk. The most they can do is search the immediate area if arrested. Although we are not a Police state yet, if you have nothing to hide, let them have access to save time and avoid further headaches but again all up to you

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