Searching a locked glove box with consent
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Searching a locked glove box with consent
A Police officer lawfully pulls someone over. During the investigation, the Officer smells burnt marijuana and sees in plain view, a small amount of marijuana next to the driver and a gun. The cop removes the driver from the car and finds pills where the driver was sitting. The driver is read his rights and is informed that he is arrested for possession of a CDC and driving under a suspended D.L. The driver admits that the substance found is marijuana and the pills are illegal Ecstasy pills.The driver then voluntarily tells the cops to open his locked glove box with his car keys because he has more marijuana in his glove box. Officer unlocks the glove box and finds more marijuana. Was the search incident to arrest of the locked glove box legal because the driver
gave consent?
Asked on June 12, 2018 under Criminal Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A search incident to an arrest does not require consent or a search warrant.
A search of a vehicle does not require consent or a search warrant. Search of a vehicle after the person is arrested is an inventory search. If the person had not been arrested, search of the vehicle would not require consent or a search warrant because by the time the police returned with a search warrant, the vehicle and any contraband would be long gone.
The fact that the driver consented to the search was not necessary to validate the search.
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