3 min
Can you search the trunk of a vehicle? The Search & Seizure Show
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The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, welcome to another roadside chat. My name is Anthony Bandiero. I'm an attorney and senior legal instructor for Blue to Gold enforcement training. And let's get right into it. So this question came from an officer from New Jersey. And the hypothetical goes something like this patrol was notified of a suspicious person and vehicle, they found a male under the influence of heroin, located right outside the vehicle, a semi conscious female was under the influence of heroin in the passenger seat. So the mail tells the cops that there is heroin crack, and a handgun in the vehicle. So the cops then search the passing department, they find those things. So the mail wasn't lying, there was drugs and gun a gun in the vehicle, then the cops asked for consent to search the trunk. The male denies consent.
So the question is, is can police search the trunk on the motor vehicle exception? And the answer is going to be most likely? Yes. Here's why. First, do you think under these facts, right, a judge would give you a warrant for the car for the trunk? And I think the answer is yes, there's multiple drugs found in the car. And the actually says, There was heroin folds in the in the car, which is indicative of selling and so forth, right trafficking, there's a gun in the car, again, indicative of trafficking.
Dealers use weapons for self help, they can't call 911 When they get robbed, right. So they have to resort to their own self help. So it seems to me that he may be involved in in dealing, and where would more evidence be of that crime, it's certainly in the trunk, maybe even the engine compartment. Dealers are known to just keep a small supply in the passenger apartment. But the big stuff is, you know, in the trunk and an engine compartment, it could be in the airbox under the manifold cover in a fuse box, in a box and so forth. So that's really what it comes down to me. If the officers do feel confident that they have the facts and circumstances that would lead a neutral and detached judge to issue a warrant for that trunk, then it's searchable under the motor vehicle exemption.
If the cop does not feel confident, and does not have any facts or circumstances about why he believes that there's more evidence in the truck, then don't search it. Right. But if you do, then that's the quintessential motor vehicle exception search. I hope this helps. Thanks for your questions help to move the ball forward. Please join me for my live webinars on Demand training and of course, the in person training that we're doing around the country. Until next time, stay safe
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Hey guys, welcome to another roadside chat. My name is Anthony Bandiero. I'm an attorney and senior legal instructor for Blue to Gold enforcement training. And let's get right into it. So this question came from an officer from New Jersey. And the hypothetical goes something like this patrol was notified of a suspicious person and vehicle, they found a male under the influence of heroin, located right outside the vehicle, a semi conscious female was under the influence of heroin in the passenger seat. So the mail tells the cops that there is heroin crack, and a handgun in the vehicle. So the cops then search the passing department, they find those things. So the mail wasn't lying, there was drugs and gun a gun in the vehicle, then the cops asked for consent to search the trunk. The male denies consent.
So the question is, is can police search the trunk on the motor vehicle exception? And the answer is going to be most likely? Yes. Here's why. First, do you think under these facts, right, a judge would give you a warrant for the car for the trunk? And I think the answer is yes, there's multiple drugs found in the car. And the actually says, There was heroin folds in the in the car, which is indicative of selling and so forth, right trafficking, there's a gun in the car, again, indicative of trafficking.
Dealers use weapons for self help, they can't call 911 When they get robbed, right. So they have to resort to their own self help. So it seems to me that he may be involved in in dealing, and where would more evidence be of that crime, it's certainly in the trunk, maybe even the engine compartment. Dealers are known to just keep a small supply in the passenger apartment. But the big stuff is, you know, in the trunk and an engine compartment, it could be in the airbox under the manifold cover in a fuse box, in a box and so forth. So that's really what it comes down to me. If the officers do feel confident that they have the facts and circumstances that would lead a neutral and detached judge to issue a warrant for that trunk, then it's searchable under the motor vehicle exemption.
If the cop does not feel confident, and does not have any facts or circumstances about why he believes that there's more evidence in the truck, then don't search it. Right. But if you do, then that's the quintessential motor vehicle exception search. I hope this helps. Thanks for your questions help to move the ball forward. Please join me for my live webinars on Demand training and of course, the in person training that we're doing around the country. Until next time, stay safe
3 min