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Can the Police Search Your Locked Briefcase

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  • 09-03-2012, 03:46 PM
    aaron0105
    Can the Police Search Your Locked Briefcase
    My question involves police conduct in the State of: South Dakota
    Can the police ever search a locked briefcase? If they pull you over and search your car, can they search a locked briefcase? Please give me your advice
  • 09-03-2012, 03:52 PM
    jk
    Re: Can the Police Search Your Locked Briefcase
    Quote:

    Can the police ever search a locked briefcase?
    sometimes


    Quote:

    If they pull you over and search your car, can they search a locked briefcase?
    sometimes. If you care to provide some details of the situation, a more precise answer might be gotten.
  • 09-03-2012, 06:03 PM
    cdwjava
    Re: Can the Police Search Your Locked Briefcase
    Quote:

    Quoting aaron0105
    View Post
    My question involves police conduct in the State of: South Dakota
    Can the police ever search a locked briefcase? If they pull you over and search your car, can they search a locked briefcase? Please give me your advice

    Ever? Sure. Always? No.

    As previously mentioned, details would be helpful.

    Why were they conducting a search? Did they ask for consent? Was it given? Was the driver or owner of the briefcase on probation or parole? Under arrest? Was the car to be towed?

    Details ...
  • 09-04-2012, 06:48 AM
    aaron0105
    Re: Can the Police Search Your Locked Briefcase
    I was just asking, if you got pulled over, and they had no real reason. Your eyes aren't red, your car doesn't smell like smoke, you were driving perfect, etc.
  • 09-04-2012, 07:13 AM
    horseyjess
    Re: Can the Police Search Your Locked Briefcase
    Quote:

    Quoting aaron0105
    View Post
    I was just asking, if you got pulled over, and they had no real reason. Your eyes aren't red, your car doesn't smell like smoke, you were driving perfect, etc.

    Your not on probation or parole? What got you pulled over? As CDwjava said details, they make all the difference!
  • 09-04-2012, 07:50 AM
    PTPD22
    Re: Can the Police Search Your Locked Briefcase
    Ok, since you chose to ignore the first three people who replied to your question, I'll join the party and bang my head against this wall too.

    Quote:

    Quoting aaron0105
    View Post
    I was just asking, if you got pulled over, and they had no real reason. Your eyes aren't red, your car doesn't smell like smoke, you were driving perfect, etc.

    Without an actual, detailed scenario, the only possible answer to your question is "maybe." If they have "no real reason," then, obviously, the answer is no. However, your idea of "no real reason" and the law's idea could well be entirely different! Absent consent or a warrant based on probable cause, the 4th Amendment to the US Constitution prohibits the government from conducting "unreasonable" searches or seizures. I'm not familiar with the SD Constitution, but presumably it offers similar protections that may limit governmental intrusions somewhat more than the US Constitution. But, it all comes down to established case law to define what is reasonable or unreasonable...and many of those decisions are extremely fact based. Under some circumstances, a search such as you describe may well be found to be reasonable and, therefore, legal. But, change the details some, and it may be already well established that such a search is illegal.

    Tell us what happened...what was the reason for the stop; what did the cop SAY he/she was searching for; was permission asked for, given, or implied; was anybody arrested; if so, for what; was the driver the owner of the car and/or the locked case; was anybody else present and, if so, what was their role; was the car going to be towed; did the stop occur on a state highway, federal property, private property, or what? Details. There is no general answer to your question.
  • 09-04-2012, 09:56 AM
    aaron0105
    Re: Can the Police Search Your Locked Briefcase
    I didnt get pulled over, but I was in a debate with a co-worker of mine. Anyways, if I got pulled over for speeding or something minor, what reasoning would give them the ability to search a locked briefcase? Thats what I am asking.
  • 09-04-2012, 10:04 AM
    Disagreeable
    Re: Can the Police Search Your Locked Briefcase
    Put something illegal in it, get pulled over and find out.
  • 09-04-2012, 10:54 AM
    cdwjava
    Re: Can the Police Search Your Locked Briefcase
    There are many reasons why the officer might legally be allowed to search without your permission - too many to cover here. In general, on your typical traffic stop, they will not be allowed to search anything without your consent.
  • 09-04-2012, 11:05 AM
    horseyjess
    Re: Can the Police Search Your Locked Briefcase
    But if they develop a probable cause while on this typical traffic stop.(what is typical there really is no typical anything) Then legally they can search. Like Cdwjava said there are alot of reasons why or why not!
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