Ammo/Firearm in Vehicle

[OKFC05]

Is there a different standard for state or federal roads? My understanding had been that reasonable suspicion was needed to search the driver's person as well as any areas of the vehicle immediate accessible to the driver or passengers, but that a locked compartment (glovebox, trunk, suitcase, etc.) which was not readily accessible required probable cause unless some other exception to the warrant requirement applied.

I'll admit I'm rusty in this area of the law, so I won't take it personal by any means if I'm due for a correction.

It's called a Terry Search after the name of the Supreme Court decision that an officer may search the passenger compartment for weapons for officer safety, without probable cause. A locked glove box is still part of the passenger compartment.

 

[corpulent]

Cruise control.

 

[Bratastic007]

It's called a Terry Search after the name of the Supreme Court decision that an officer may search the passenger compartment for weapons for officer safety, without probable cause. A locked glove box is still part of the passenger compartment.

Dusting off my CrimPro notes...You're right in that the glove box (locked or unlocked) is fair game, but I don't think it's subject to Terry.

U.S. v. Gonzales is the case that brought glove boxes into the realm of SILA (search incident to lawful arrest). In which case, wouldn't the officer have to have cause for making the arrest prior to forcing open the glovebox? Meaning that there would have to be an arrestable offense, which most traffic stops do not provide.

In any case, "immediate control or reach of the suspect/arrestee" seems to be the determining factor. So a locked box in a locked trunk would (to me) be pretty safe going. Of course, reasonable opinions may vary.

 

[1fly2ty]

OKFC'
Sorry for this correction,but Terry V State of Ohio was to allow an officer the right to pat down a person prior to questioning to ensure the officer's personal safety! In order to search a vehicles interior the officer must have probable cause, you can refuse the search of the vehicle and require the officer to get a search warrant time consuming but worth the wait on your part. All vehicle stops require probable cause, which can be something as innocent as your license plate light being burnt out.

 

[OKFC05]

Thanks for the clarification. I lump things under a "Terry Search" for classes, and that's not precisely right. The OK law allows search of person and immediate area in car on any stop, and the usual question is "what right does an officer have to search for and remove my gun?" Here, you can refuse to open a locked trunk without a search warrant, but you can't keep them out of the driver's area; they'll just remove you from the vehicle.