Quote:
Originally Posted by dr. mabuse
monsterhunter, how do they handle it in Kellifornia if a person in a car has a locked briefcase with tumbler lock, no keys?
Is it inventoried as a locked briefcase or do they break it open?  |
It all depends on the reason for the search/inventory. There are situations where you can open a locked briefcase without the owner's permission and times when you cannot. These laws are complicated and most often are guided by case law from throughout the United States. On a regular inventory search with a vehicle impound behind a suspended or unlicensed driver, opening a locked briefcase in a car may open you up to civil liability and any evidence will probably be excluded. You should have a reasonable suspicion that there may be specific evidence inside the case before opening.
If the driver was arrested for narcotics possession/sales, the courts look much more favorably with you going into the case. It's not really a "fishing" expedition at this time, as you actually have a reasonable suspicion the case may contain additional narcotics.
Case law (which changes like the weather) is leaning toward a locked briefcase being unsearchable without consent. Just because you have consent to search a car does not give you consent to search a locked container. Consent may be withdrawn at any time. If the person is unable to revoke his consent because you placed him in your back seat, your search of the container is no good and violates the individuals rights.
I need a specific situation in order to answer you more competently.