Search And Seizure

[RobbyRobb]

Jurisdiction

Nevada

If you get pulled over for a driving violation, are the police allowed to confiscate or search a safe inside the vehicle that is locked and the key nowhere to be found?

 

[army judge]

If you get pulled over for a driving violation, are the police allowed to confiscate or search a safe inside the vehicle that is locked and the key nowhere to be found?

That all depends upon the REASONS and CIRCUMSTANCES surrounding the stop by law enforcement.

A safe, however, poses no direct or immediate threat to the community, the driver, or the police.

In MANY cases a warrant would be required to open the safe.

One special circumstance would be if SOMEONE had recently stolen a safe that matches the description of the one found in the vehicle in question.

However, if I were the duty DA, I'd advise the officers to secure the scene, suspect, and obtain a warrant to open the safe.

The answer regarding your question is "it depends".

 

[mightymoose]

I agree. Not enough infuriating to answer your question.
However, generally the contents of the safe would be beyond the scope of a vehicle search.
Either a warrant or consent would be required.
Further, if a key is nowhere to be found then it is unlikely the safe would be opened anyway, right?

 

[RobbyRobb]

Just a routine run of the mill traffic stop. No warrants. Just wanted to make sure they cant search it

 

[flyingron]

This isn't the how do I break the law and get away with it forum. Try hightimes.com

 

[RobbyRobb]

This isn't the how do I break the law and get away with it forum. Try hightimes.com

How about it already happened and Im just making sure my civil liberties aren't going to be infringed.



FOUL LANGUAGE redacted don't do it again, or you will be banned!!!

Keep a civil tongue when your fingers type the words on your screen.

No need to squabble with responses you dislike, simply ignore them.

 

[Zigner]

How about it already happened and Im just making sure my civil liberties aren't going to be infringed.

Go pay an attorney.

 

[flyingron]

There was no foul language or uncivil words in my post. There is no "squabble." Your post was written not as "it has already happened" but rather "can it happen to me if I'm breaking the law." Again, it's outside the scope of this board to advise people how to commit crimes. If you need that kind of advice, as Zigner says, you better be getting advice of counsel.

 

[army judge]

There was no foul language or uncivil words in my post. There is no "squabble."

My comments were NOT directed at you, mate.

 

[flyingron]

Oops, I thought that was RobbyRob speaking. I didn't realize those were your moderation edits I was reading.

 

[mightymoose]

Whether it was hypothetical or after the fact, the answer to the question is the same- warrant or consent.
There is nothing in the question that suggests anyone is breaking any law, just that someone is concerned about the right to privacy.