Legal Question in Constitutional Law in Texas

Search of locked box

If police have a search warrant to search a dwelling are they allowed to ask the resident to open a safe that is locked? I have heard something about a 6 foot rule. Explain please?


Asked on 6/27/03, 7:01 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Search of locked box

The police can ask you to do anything they want, and if you do it, the search was legal.

ALWAYS ask to see the search warrant so that you know the scope of the search. If they have to ask you to open it, then it is clearly not in "plain view," and they must have specific permission from the court to go in there, based upon probable cause. Mere interest is not enough. Further, before you provide entry to something that is locked, you have the right to contact an attorney immediately and see what your rights are. When in doubt, ask.

If they don't have permission, they don't see what's in there until they GET permission. Plain and simple.

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Answered on 6/28/03, 11:54 am


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