Is a Butane Can in a Vehicle a Valid Basis to Search the Vehicle

[lawfacts]

Is an ordinary butane can found in a vehicle, the type of can used to refill an ordinary lighter, a sufficient basis for the police to search the vehicle?

[Mr. Knowitall]

Of itself, the presence of a can of butane (full or empty) would not support a non-consensual search of a vehicle, but in conjunction with other evidence there may be a basis for the officer to assert grounds for a warrantless search or to obtain a search warrant. A butane can present with other items that could be drug paraphernalia, or evidence of drug manufacturing activity, might support a search.

If the driver of the car consents to a search, even if the butane lighter of itself would not provide probable cause, a search may proceed based upon that consent.