Searching a locked glove box with consent

UPDATED: Oct 1, 2022

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Searching a locked glove box with consent

A Police officer lawfully pulls someone over. During the investigation, the Officer smells burnt marijuana and sees in plain view, a small amount of marijuana next to the driver and a gun. The cop removes the driver from the car and finds pills where the driver was sitting. The driver is read his rights and is informed that he is arrested for possession of a CDC and driving under a suspended D.L. The driver admits that the substance found is marijuana and the pills are illegal Ecstasy pills.The driver then voluntarily tells the cops to open his locked glove box with his car keys because he has more marijuana in his glove box. Officer unlocks the glove box and finds more marijuana. Was the search incident to arrest of the locked glove box legal because the driver

gave consent?

Asked on June 12, 2018 under Criminal Law, Louisiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A search incident to an arrest does not require consent or a search warrant.  
A search of a vehicle does not require consent or a search warrant.  Search of a vehicle after the person is arrested is an inventory search.  If the person had not been arrested, search of the vehicle would not require consent or a search warrant because by the time the police returned with a search warrant, the vehicle and any contraband would be long gone.
The fact that the driver consented to the search was not necessary to validate the search.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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