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chadwick

right now i have a extendid cab tacoma, it has 2 compartments under tha fold down back seats for putting tools in, if i get pulled over could they search those or would they need some good cause to search those compartments, and how about my truck bed lining or a truck bed tool box

i live in california if that helps

 

Trocisp

Question, does the truck bed toolbox lock?

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chadwick

dont have one yet but was planning on gtting one soon, and yes i would make sure it locked

Trocisp

I think (but am not sure) that if it's in a locked container they need a warrant. Don't take my word on that though, because I heard it a while back.

chadwick

well thanks, even if your not sure i think i heard that recently to, you just reminded me, thank you

 

steakii

Just refuse a search to begin with. Im almost positive that if they have a warrant to search a vehicle they have the right to search all belongings in the vehicle including locked containers. If you refuse a search to begin with, keeping it in a locked container doesnt seem like it would help to much as a warrant would be required anyways.

Trocisp

I mean, probable cause. If they search the car on probable cause I don't think (but am not sure) they can go through a locked container.

chadwick

ya im not talking about a warrant though, f they get a warrant i know im screwed, but im just talking about a traffic stop, when they have a decent bit of suspicion, maybe enough to qualify as reasonable suspicion

BartSimpson

This from Phuzz01's search thread, stickied at the top of this page:

7. When can a police officer search my car?

A police officer can search your car when you give him consent to search it. He can also search your car if he has a search warrant. He can also search your car incident to a lawful arrest, although there can be limitations to this search in some places (in my state, a police officer cannot do it once you are handcuffed in the cruiser, and he cannot search the trunk).

In MOST states, a police officer can search your car without a warrant if he has probable cause to believe that there is contraband, evidence, or fruits of a crime in it. According to the federal case Carroll v. US, the US Supreme Court said that the mobile nature of a vehicle automatically qualifies as "exigent circumstances." This is called the "automobile exception." However, individual states can be more strict about restrictions on searches than the US Constitution. So, for example, in my state Carroll v. US does not apply, and I cannot search your car without a warrant, some other exigent circumstances, or another valid exception.

If a police department has a written inventory policy, a police officer can "inventory the contents of your vehicle" (effectively a search) any time that he is going to tow your car. The purpose of this inventory is to protect the police department and the tow company from liability if you say "I had $2,000 sitting under the front seat, my car was towed, and now it's gone."

Like with your person, a police officer can search your car if he has probable cause to believe that there is evidence or fruits of a crime in it, AND he there are exigent circumstances (see above).

This last one is tricky. If a police officer pulls you over, asks you to get out of the car, and has reasonable suspicion that you are armed and dangerous, he can conduct a "pat frisk" of your person (see above about pat frisk). Since you were in a vehicle, if he does this, he also has the right to conduct a limited search of your vehicle for weapons that were in your "wingspan." This is called a "vehicle pat frisk." Basically, if you are sitting at the wheel of your car, he could search anywhere that you would be able to reach while you were sitting there. Some courts have decided that this wingspan basically includes anywhere in the passenger compartment of the vehicle (although certainly not the trunk, for obvious reasons). Again, the purpose of this limited search is for officer safety (i.e. weapons), not contraband, although if while he is doing it he seems something that is immediately and clearly contraband, he can seize it.

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phuzz01

If a police officer has a warrant, consent, or probable cause plus a valid exception to the warrant requirement, he can search the entire vehicle which would include compartments and locked containers.