In California, when preforming a vehicle search, (incident to arrest, based on PC, or however justified) is it ok to search the glove box and trunk? what PC must you have to search those areas?
In California, when preforming a vehicle search, (incident to arrest, based on PC, or however justified) is it ok to search the glove box and trunk? what PC must you have to search those areas?
It depends on the type of search being conducted...
Incident to arrest, generally speaking, is only a wing-span search.
If you have other probable cause to search the car (plain view/plain smell,), then yes.. the entire car can be searched.
What is your major malfunction, numbnuts? Didn't Mommy and Daddy show you enough attention when you were a child?
If it is a vehicle inventory, then it is usually every container and area of the vehicle.....this is dependant on dept. policy as the guideline for the inventory.
In NY, prior to arrest it will be ok if you can establish there was a emergency or circumstance and it was within a lungable area. If thetrunk is a separate (not a hatchback).....then it is tougher to articulate. The key is be able to articulate. But once you are arrested.....100% of your car is mine to search....in and out .....no matter where to inventory the items.
Originally Posted by vadep
sums it up quite well, depends on the kind of search being performed.
I do what I can do when I can do it.