Legal Question in Constitutional Law in Texas

Search of a Locked Box

If I am pulled over for a traffic offence such as speeding or OMVI and the officer asks to search the car and in the car I have a locked box. I refuse premission to search .Does the refusual to allow a search give rise to probable cause to get a warrant to search the locked box? or does the committing of the traffic offense itself give rise to probable cause to get a warrant to search the locked box. or does the traffic offense allow the officer to conduct a warrentless search of the locked box. Does the refusal to not open the locked box thus putting the officer in the position of using force to open the locked box place me in a better position to argue the unlawfulness of the search?


Asked on 6/17/05, 10:54 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search of a Locked Box

Ordinarily, giving permission to search a car conveys permission to search any container within the car, regardless of whether it is locked.

Refusing to allow the officer to search the box does not entitle him to search it (if the law worked this way, officers could search any place they want at any time, since they would either get permission or would be authorized by the denial of permission), but your question presumes that the officer never had such authority in the first place. The reason he was authorized to look inside the box is that you had already given permission to search the car and not that you tried to prevent him from seeing what the box contained.

By the same token, a routine traffic infraction would not be enough to authorize a search against the driver's wishes.

You can still argue that whatever evidence the police found inside the box was obtained illegally and that it must be thrown out, but I don't think your argument is likely to succeed. The fact that the officer had to use force to open it is beside the point, since the situation would be no different had he simply been able to pick the lock.

If you are going to make this kind of argument, you really should have a lawyer working for you. A successful motion to exclude evidence must usually discuss numerous precedents and explain why they support the defendant's position. This is something lawyers are trained to do, but which most laypeople are ill-prepared to attempt.

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Answered on 6/21/05, 9:56 pm


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