If a cop pulls you over and tells you to open your trunk or glove compartment, do you have to?

Wite Out

i dont think so..they need a warrant for that.

Lisa

Not unless he gives you a reason. The cop would still give you lots of crap if you refused.

!!joinCampaignforLiberty!!

I think so.Depends on what state you live in?

Syaoran Li

yes and no
because sometimes they have the law to check you and it depends

wuxxler

No. But you should.
If a cop has reasonable cause (i.e. he smells pot or sees something illegal) he can and will search your car without your consent.
If he is asking for your consent, it is because he has a suspicion, but no evidence. If you say no, his suspicion has been confirmed, and he will detain you while he gets a search warrant, or he will arrest you on whatever charge he stopped you for, impound your vehicle, and then get a warrant.
Either way, you will not succeed in breaking the law just by being difficult to deal with. The cop gets paid for 8 hours work each day, and doesn't really care if he spends 7 hours of it wasting your time because you didn't want to cooperate.

timc_fla

No.
Saying no is not probably cause for seach and seizure.
It simply means no.
He can cuff you and look himself, but then he has to prove reasonable suspicion to search your vehicle.
Unless, in your state, when you get your drivers license you sign an affidavit that indicates having a drivers license gives state and local law enforcement the right to search your vehicle for any reason.
tc

MOON

Why not if you have nothing to hide?? If they have a reason to be suspicious--the will just call in a drug dog and you will have to do it anyway!!

Philip C

NO!but by saying no you give him probable cause and you will eigther open it then or he will arrest you and then get a warrant to have it opened

Not really. They do need probable cause. However, it would seem to me that to avoid trouble, it would be just as easy to open them. If they really want to see inside your trunk, they will do it - even if they hold you at the pullover and call a judge.

If you have nothing to hide, I don't see the problem anyway.

jirstan2

No.
They have to have a Warrant AND probable cause for search and seizure. (Such as having evidence or good reason to believe there is contraband in your vehicle.)

Laura

nope...by law they have to ask if they don't have probable cause or a search warrant. if you are asked your trunk or glove compartment (with out either the prob. cause or search warrant), respectfully state that you decline from opening either one. you are allowed to ask why they'd like you to open either one, they have to tell you. make sure that it's a VOLUNTARY SEARCH before you let them....if it is, make sure that they have paper work for you to fill out stating that its a voluntary search. no paper work, to voluntary search, end of story!

Mr. Maul

If you are squirming around in your seat before you pull over, if your vehicle or yourself matches a description of someone wanted by the police, or if you act nervously it gives them probable cause to search your car.

Although they can't randomly ask people to open the boot of the car, if the police think that you may be hiding something then they are allowed to search it.

Smitty

You can refuse to be searched, but if they have probable cause they can search wherever they want.

Yes. But If your glove compartment or truck is locked with a key they need a warrant to open it. At least that true in NYC

Mr Placid

No, you are not required to. However, if you do not, this is what will happen:

If the cop has probable cause, he will look in the trunk and/or glove compartment anyway, even if they have to be forced open. Probable cause to look in trunk = reasonable suspicion that there is contraband or other evidence in trunk. Cop also has authority to look in glove compartment if reasonably necessary to ensure officer safety.

No warrant required to search a vehicle, as long as probable cause exists.

Adam L

You could just stop carrying weed in your car J-Dogg. lol

CctbOh

No the police need probable cause to search your vehicle.

dustiiart

Sort of depends on why they pulled you over in the first place. Speeding...then no, you can question why they need you to do this. Drunk driving or appearance of being under the influence of a drug, chemical or otherwise...yes, of course you can refuse but then that gives them probable cause to search the car. Refusal doesn't mean you don't have anything to hide, it simply means you've just made them suspicious enough that now their instincts as a cop have really kicked in.

Best to co-operate...I've seen some troopers at work...safer to pop open the compartment and show them your junk than not to in some areas.

stakchipz

i mean if you have stuff to hide your asking for trouble.

Snuffy

Believe that they have the authority, but even if they don't it's
to your benefit to cooperate rather that have the officer pissed
off and/or suspicious of what you're up to. Then, both of you will be stuck waiting for a warrant that WILL make it so ya hafta submit to a long, hard , search cause you act guilty ........ just git er done, it's a quick peek and you're on your way (probably with a "have a nice day, and drive careful" from the guy/gal that pulled you over)

J. Charles

If he has Reasonable Cause then YES!
However, Reasonable Cause can be a Tail light being out!

Wiked

unless you are on parole or probation and are subject to search and seizure you do not have to let them unless they have probable cause or a warrant...

chkn_fur

no unless they have probable cause or a warrent

All hat

You do if they have probable cause OR if you are arrested. If you say no, they can detain you while they get a dog to sniff.

toaster4

It depends on the situation. Do they have probable cause to believe there is contraband? They do not need a warrant if it is a readily mobile vehicle. But if there is no probable cause then they cannot search without consent.

Richter35

The long and the short answer is Yes, with a few exceptions. The officer must have probable cause, the extent of the search can depend on the item for which the officer is searching and the requirement for a warrant can depend on the state in which the search is taking place.

******
Explaining the legal precedent:
In this country the search of a vehicle is governed by what is known as the "motor vehicle exception". This was established in 1925 by the United States Supreme Court in the case of Carroll versus the United States. The exception, as stated by the court, "allows an officer to search a vehicle without a warrant as long as he has probable cause to believe that evidence or contraband is located in the vehicle."

The reason behind this exception was that there is a different expectation of privacy when you are in a motor vehicle. In addition, there is viewed to be a higher level of urgency with a motor vehicle than with a stationary location due to the mobility factor.
******

******
Exception #1: Probable Cause requirement
The search is limited to areas that are covered by probable cause. This DOES include the glove compartment, trunk and any containers in the vehicle that may contain the item for which he/she is searching. So if they believe you stole a 52" flat screen plasma television set then they DO NOT have probable cause to search your glover compartment or ashtray.
******

******
Exception #2: Variation according to the state in which the search is taking place.
In some states there is a requirement that the officer show that there was not time to obtain a warrant before conducting the search. If you are in one of those states and the officer fails to demonstrate the time contingency factor then the search is considered illegal. However, if you are not in one of those states then the officer is not required to obtain a warrant at all. The 10th Circuit Court of Appeals has ruled that a warrant does not need to be obtained if police have probable cause to conduct the search of a motor vehicle.
******

The motor vehicle exception has also been found, in some cases, to be applicable to planes, boats, trucks (with trailers) and motorhomes.

lifesajoy

I believe that you can say no. But I also think that if you say no - that they can just hold you there while they get a search warrant and look anyhow.

Colleen O

No but you CAN be detained while they get a search warrant that will make THEM able to open your trunk or glove compartment.

Right_Tonight

Not unless he has probable cause.

aj1964

Sure, if they have probable cause. Which doesn't really take much to come up with.

sarcastro1976

I think they need probable cause--you could always ask politely, "is this a voluntary search, or do you suspect I have something in the trunk?" Then they might at least think twice.

This of course is most fun when you have absolutely nothing in the trunk.

Keep in mind any type of suspicious behavior--anxiety, indirect answers, etc. may be interpreted as probable cause.

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