Quote:
Originally posted by widgeon13
If you refuse a search, don't they need a search warrant? or can they do it on probable cause?
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They don't need a warrant to search the "immediately grabbable area" of your car. This might be tough in a 911, an SUV or a minivan, since there is no separation between the driver's area and the rear of the car or even trunk (except for a 911's front trunk). They definitely need a warrant (or your consent) to search your trunk or any locked containers. The key, as covered in this book, is to make containers too difficult to open in a reasonable period of time. The works both ways. If you have a gun in a combo-locked briefcase on your front seat, it can take a while to open it, which deflates a police claim of it being a danger to his safety and in your immediately grabble area. Likewise, if it's such a hassle to open a container in your trunk, he cannot detain you indefinitely while trying to get the container open. He has to have a reason to arrest you or then let you, which is when the clock stops ticking.