Does an open trunk constitute permission to search the trunk?

[sneuberg]

Jurisdiction

Arizona

The other day when I pulled into a parking spot at the mall there was a mall security guard checking out the car parked in front of me. He said to me that people leave their trunks open. I responded that I did that all the time especially when I go grocery shopping so that it's open when I come out. I also said that I supposed that caused problems for him. He said that normally if he just finds a purse or something he just closes the trunk but in this case there was a case of ammunition. As I left he was writing something up.

Later that day I thought, "Wait a minute. This doesn't seem right." I don't think that something being open constitutes permission for a search. So the first question is does it?

And I also doubt if having a case of ammunition is illegal at least a small case. Is it illegal?

But I wonder if he had found something illegal like a bomb (assuming they are illegal) whether it would be admissible as evidence. Would it be admissible?

 

[adjusterjack]

Anything in plain sight is not a "search."

By the way, why would anybody be stupid enough to leave their trunk open in a parking lot when they go in shopping? You might as well put up a sign that says "Steal my stuff."

 

[Highwayman]

Would it be admissible?

Absolutely.

The security guard is a private citizen not a law enforcement officer, so I'm not sure how that would affect the situation in AZ, however even if he was a police officer that is not a search.

 

[sneuberg]

Anything in plain sight is not a "search."

By the way, why would anybody be stupid enough to leave their trunk open in a parking lot when they go in shopping? You might as well put up a sign that says "Steal my stuff."

I open it before I get out of the car and go in the grocery store. Then when I come out I don't have to mess around with my keys to open it. I suppose this is a sign saying if you want my jack and spare tire you are welcome to them. I'll take my chances.

 

[army judge]

I open it before I get out of the car and go in the grocery store. Then when I come out I don't have to mess around with my keys to open it. I suppose this is a sign saying if you want my jack and spare tire you are welcome to them. I'll take my chances.

In today's modern vehicles, trunks are made to allow people trapped inside of them to escape.

The issue with an unlocked trunk allows a lazy, no account, deadbeat, scumbag thief to easily escape into the passenger compartment so as to quickly relieve you of your stuff; not just a jack and a spare.

It also allows anyone to potentially plant things in your vehicle that could cause you great legal distress.