[RuralRoute420]

in the u.s.

i read elsewhere once that if you got pulled over and had a locked briefcase in the trunk, that the LEO would need to get a seperate warrant on top of the original for the car, so therefor it was safer to keep stash there, as opposed to, oh under the seat or somewhere...... anyone know if there is any truth to this?

[Texassativa]

Originally Posted by RuralRoute420

in the u.s.

i read elsewhere once that if you got pulled over and had a locked briefcase in the trunk, that the LEO would need to get a seperate warrant on top of the original for the car, so therefor it was safer to keep stash there, as opposed to, oh under the seat or somewhere...... anyone know if there is any truth to this?

Ok this is a tricky one. The search warrent has to be for a very specific location. A SW has to say what is being searched for. The inside of the car is considered a public location. To search of the brief case is in a different veiw. It is upon itself, a separate part of the car area. Thus needs a warrent to search.

Any case in a car, needs to be locked and the keys dropped off. You are now in care, control, custody of a item who can't get in too. You have no idea whats in it. Always leave an amount of doubt, to convince one jury member.

[BluEBLaZeS]

locked briefcase in the trunk that you dont have the key to.
or in an envelope that is sealed and stamped, like official papers...haha so keep ur stamp at ur side...
in ur sock will work, dont have anything else suspicious around tho...
and play dumb.

[BruceLeeroy]

The inside of a car is NOT a public location. they can NOT just search your car. they must have probable cause to do this, unless the laws have changed DRAMATICALLY (i wouldn't be too suprised) in the past 5 years or so. once they have probable cause or consent, THEN everything inside becomes fair game, and i believe this would include the briefcase. what kind of an idiot would consent to a search of their car (never mind, we're talking about people in the US lol)? might as well just sit at home and play russian roulette. assuming they DID go to the trouble of either 1. getting a warrant for the car or 2. searching it despite your LACK of consent, i dont think having it locked in a briefcase would matter at all, unless someone else who was NOT named in the warrant and was NOT an owner/operator of the car claimed it to be theirs. then it would most likely be safe.

the fact is, when pulled over you have two options to choose from. option 1. is to give your consent in the hopes that they wont find it. anyone who seriously expects this to work.... oh well.

option 2 is to say that you dont want them to search. say you have a headache. tell them you ate some bad guacamole and can't stop shitting yourself. tell em whatever you want. yes it will look incredibly suspicious. yes they will most likely search anyway. the difference is when they find it, you're going to get out of it due to suppressing the evidence.

i'm not an attorney. the advice and opinions expressed here are based in part on personal experience and in part from reading court briefs. different states have different laws on search and seizure. check out www.aclu.org as well as local branches of norml, and if they have a recommended lawyer for your area, you might try and fire off an anonymous email asking them this very question.

peace

[Verite]

The case is part of the car when its in there and you cant give partial consent to search. Your consent to search covers the case. If it were a legit loophole it would be used by all smugglers and be very well known.

[casey]

if you deny consent to search,they wont,BUT they will threathen to bring the k-9,so if your contraband is oderless you have a better chance of getting away.


legally they are allowed to let the dog go around the outside of the car.probable cause to search is seeing you doing something illegal like smoking weed,not signaling at a turn busted taillight and so on.

[Texassativa]

Originally Posted by BruceLeeroy

The inside of a car is NOT a public location. they can NOT just search your car. they must have probable cause to do this, unless the laws have changed DRAMATICALLY (i wouldn't be too suprised) in the past 5 years or so. once they have probable cause or consent, THEN everything inside becomes fair game, and i believe this would include the briefcase. what kind of an idiot would consent to a search of their car (never mind, we're talking about people in the US lol)? might as well just sit at home and play russian roulette. assuming they DID go to the trouble of either 1. getting a warrant for the car or 2. searching it despite your LACK of consent, i dont think having it locked in a briefcase would matter at all, unless someone else who was NOT named in the warrant and was NOT an owner/operator of the car claimed it to be theirs. then it would most likely be safe.

the fact is, when pulled over you have two options to choose from. option 1. is to give your consent in the hopes that they wont find it. anyone who seriously expects this to work.... oh well.

option 2 is to say that you dont want them to search. say you have a headache. tell them you ate some bad guacamole and can't stop shitting yourself. tell em whatever you want. yes it will look incredibly suspicious. yes they will most likely search anyway. the difference is when they find it, you're going to get out of it due to suppressing the evidence.

i'm not an attorney. the advice and opinions expressed here are based in part on personal experience and in part from reading court briefs. different states have different laws on search and seizure. check out www.aclu.org as well as local branches of norml, and if they have a recommended lawyer for your area, you might try and fire off an anonymous email asking them this very question.

peace

Because of the public nature of the inside passenger compartment, one could be charged "public intoxication" while sitting in a car. You really need to rethink the not public thing. If police see any evidense inside the passenger compartment, it is considered evidence in plain veiw. Try and tell them your car is private property....lol..He DOES not need a warrent to seize it. The inside of the car is considered as much a public place as the table at whataburger. You have a control of the area, but the area allows public interaction. Thus is "pubic". A car is not your house. It has less rights

My background, two BA's, one in criminal justice and other in sociology, , military police(army reserve) 8 years,Corrections officer 2 years, Peace officer, Sheriff's duputy and Police officer,7 years. I have left the business. I was one of the cops who believed Weed was just stupid to arrest people over.

[Verite]

[ Verite drops his burger and runs for the door knowing the mention of the local whataburger could not possibly be a coincidence. ]

[BruceLeeroy]

Originally Posted by Texassativa

Because of the public nature of the inside passenger compartment, one could be charged "public intoxication" while sitting in a car. You really need to rethink the not public thing. If police see any evidense inside the passenger compartment, it is considered evidence in plain veiw... Try and tell them your car is private property....lol..He DOES not need a warrent to seize it. The inside of the car is considered as much a public place as the table at whataburger....

by the same measure, if the police see a plant growing in your front window, that is also evidence in plain view, and they would not need a warrant for that either. a car is NOT public PROPERTY, if it was police would simply visit the bar's every night and go through cars while people were inside. yes the rules are different for a car than they are for a house, and yes if something is in plain sight they have the right to search it, but then the same goes for a house. a public place is NOT the same as public property (obviously).

this all goes back to the term "probable cause". seeing a roach is probable cause. smelling marijuana CAN be probable cause but most decent attorney's will get it thrown out. another thing that will vary from state to state, but if there is no probable cause to think there is contraband in the car, and whatever it is you have is in the trunk, then without your consent or a warrant, they can't legally search it. This i know for undisputed fact, as it kept me from doing 10 years.

what law enforcement DOES and what they are legally ALLOWED to do is very often two different things, but again i dont think this was ever about having things in plain sight. i could be wrong but i thought the original question was if they had a warrant for the car, could they check the briefcase as well, and i think they absolutely would. if they have a warrant for your house, they dont need a seperate one for a safe inside the house. In reality the best information on this would be gotten from a good attorney in each individual state. some states allow random roadblock breathalyzers/sobriety checks. some state courts have ruled that as against their state constitutions. it all varies from state to state.

my apologies for mispeaking myself, what i should have said is that inside a car is not public PROPERTY, it IS a public place inasmuch as it can be viewed by the general public, and if you try and drive around naked you WILL get arrested for it. then again, stand in front of a picture window on a busy street naked and see how long it takes you to get arrested! lol.

***also note that sitting at a table in whataburger with a napsack that has contraband in it is ALSO safe unless you give the police 1. probably cause or 2. consent. obviously setting your contraband on the table is a different matter entirely.

[Buzzsmirk!]

if you do not deny the briefcase is yours or in your "control" you have some rights to privacy . if u consent to a search of the breifcase you have no more right(s) concerning privacy and ur "reasonable expectation of privacy" a search of your vehicles cabin/interior space does not in itself give leo the "right" to open packages in your trunk which is separate from the cabin. the LEO has thye right to pat you down for any threats to his/her safety like a weapon but without evidence in "plain view" or reasonable suspicion/cause they must get a warrant to "search" your car and its contents. you must learn waht your constitutional rights are and never give them up, LEO is often trying to get folks to waive their rights to privacy with many methods including threats of all sorts false promises for leniency etc........ remeber this a court will NEVER use ur assertion of ur constitutional rights to privacy as a means/cause to punish you to a further extent.
get a copy of "don't get busted" by ed rosenthal or "marijuana law" by greg boire and read them. if u dont want to spend the small cost on the book(s) go to your public library and read the first five amendments to the us constitution or some book which enterpretts them/their applicability to your your fears/suspicions about your question(s) at hand
BUZZ!