Vehicle Searches Question

[CrAzYCrAcKeR911]

Youre making a vehicle stop and there are 4 occupants. You id all subjects and the occupant behind the front passenger has a warrant out for his or her arrest. If I can remember from the academy, you may search the area of the subject in the vehicle (search incident to arrest). Im pretty sure its the area in which the suspect has reach to. Can you search the front seat and or others areas of the vehicle even though they are not in reach of the suspect or is the entire vehicle subject to search?

[ChesCopPodz]

Someone in the driver's seat can pretty much reach or throw something anywhere in the entire passenger compartment so we have it all.

[ChesCopPodz]

Someone in the driver's seat can pretty much reach or throw something anywhere in the entire passenger compartment so we have it all. On a PC search, we don't get the trunk however because the person cannot reach the trunk from the driver's seat.

It's a completely moot point because we get the entire car, trunk and all, incident to arrest (which was your scenario) anyways, but my above answer was in regards to a PC search.

[Lfpdlieu302]

Youre making a vehicle stop and there are 4 occupants. You id all subjects and the occupant behind the front passenger has a warrant out for his or her arrest. If I can remember from the academy, you may search the area of the subject in the vehicle (search incident to arrest). Im pretty sure its the area in which the suspect has reach to. Can you search the front seat and or others areas of the vehicle even though they are not in reach of the suspect or is the entire vehicle subject to search?

the entire passenger compartment is fair game.

[acreature]

Locked and Unlocked Containers too.

[Babysmamadrama]

Chimel vs. California established the wingspan rule. Basically anywhere he can reach.

[chewy]

Use your imagination. "I thought I saw him reach behind the rear seat and deposit something into the trunk...of the car behind him. So I searched them BOTH"

hehe

[CrAzYCrAcKeR911]

Locked and Unlocked Containers too.

I thought you needed a search warrant for all locked containers because of the expectaion of privacy of the owner. From what I undersatnd is that you can only enter that area unless their are emergency circumstances?

[Johninaustin]

I thought you needed a search warrant for all locked containers because of the expectaion of privacy of the owner. From what I undersatnd is that you can only enter that area unless their are emergency circumstances?

Not really. Oh, you get a warrant (or signed permission) anyway to cover your bases, but it's not an absolute requirement. you could always just inventory subsequent to arrest.

[txinvestigator1]

Not really. Oh, you get a warrant (or signed permission) anyway to cover your bases, but it's not an absolute requirement. you could always just inventory subsequent to arrest.

IIRC, arresting a passenger does not give you access to impound or inventory the vehicle, barring some other reasons.

Arrest of a passenger would get you to the immediate access areas of the arrestee.

[acreature]

I thought you needed a search warrant for all locked containers because of the expectaion of privacy of the owner. From what I undersatnd is that you can only enter that area unless their are emergency circumstances?

Whereas the Supreme Court did not specifically mention the opening, in this situation, of a locked container found within the passenger area, our court of appeals has authorized such an act. In State v. Massenburg, 66 N.C.App. 127, 310 S.E.2d 619 (1984) the North Carolina Court of Appeals authorized law enforcement officers in this state to open a locked container in the passenger area of an automobile during a search incident to the arrest of an occupant of that area.

No warrant needed for Searches Incident to an Arrest. I won't say it again :D

When faced with a search incident to arrest of the occupant of an automobile, you should remember the following:

1. Upon arrest of the occupant of the passenger area of an automobile you may search that person for weapons and evidence of a crime (automatically and with only probable cause to arrest; probable cause to search is not required).

2. You may then handcuff your prisoner, place him in the rear or caged area of you patrol car, and return to the suspect vehicle where you may search the passenger area, incident to your arrest, for weapons and evidence.

3. During your search of the passenger area you may search all containers therein, including open, closed or locked containers.

[duego]

Chimel-Robinson would not apply to this type of case. Incident to the lawful arrest of a recent occupent of a vehicle, the entire passanger compartments and all open containers may be searched. You can usually develop some type of probable cause to go into the trunk as a result of the passanger compartments. However, if you can't you can always conduct an inventory of the vehicle prior to impound to get into the trunk, as a "community care-taking function" to ensure no valubales are inside.

[Babysmamadrama]

Perhaps New York vs. Belton would be better choice than Chimel vs. California. Chimel was arrested at his home, not as a passenger of a car. Belton was a passenger in a car. But lunge distance is applicable to both.

[txinvestigator1]

However, if you can't you can always conduct an inventory of the vehicle prior to impound to get into the trunk, as a "community care-taking function" to ensure no valubales are inside.

You cannot impound a vehicle where all you have is a passenger arrest from it.

[Lfpdlieu302]

You cannot impound a vehicle where all you have is a passenger arrest from it.

actually we can here. IF the driver is the only occupant and we cant get somone else to come pick up said vehicle in a reasonable amount of time.