Straight F150

I know a lot of people who seem to think that a cop cannot search your toolbox on your truck because technically it is not a part of the truck, it is outside. Yes it may be outside the truck, but a cop can search anything they want with probable cause or a warrant(right?). So a few questions... Can a cop search your toolbox? And what would happen if the toolbox was locked and the owner did not have the key present? Anything you can give me helps fellas I love proving people wrong.

TheCollector

if the officer has probable cause yes. and if you say no i dont want you to you gave him probable cause. allot of drug runners use tool boxes with false bottoms so thats why they like to search them. if you give permisson to search the truck the tool box is attached so he will need to look in. if you don't have the keys depending on how suspicious you make him he might have to break it open. if there's nothing illegal he will have to pay for the damages. my mom was a cop i shouldn't say have to you can sue for the damages

2010FX4F150GILROY

We are protected from illegal search and seizure by the 4th amendment of the constitution. This exception is you have to give the cop reasonable cause, not just probable cause. This is a huge difference, in the law reasonable is defined as something that an ordinary person would consider to be a reasonable act. In the case of is the tool box part of the truck well, your not saying it was a search warrant. The tool box could be considered a part of the truck if it is permanently attached. If something illegal is inside the defense would be proving you had no knowledge of its contents prior to opening.
The Fourth Amendment to the U.S. Constitution reads as follows:The search and seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.
The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. In practice, this means that the police may override your privacy concerns and conduct a search of you, your home, barn, car, boat, office, personal or business documents, bank account records, trash barrel, or whatever, if:
the police have probable cause to believe they can find evidence that you committed a crime, and a judge issues a search warrant, or
the particular circumstances justify the search without a warrant first being issued.
Officer just cant say I have probable cause they must also be able to defend that in a court of law. Feelings, judgements and I believe are not probable.
I can get you more if you like but I need more to help....
Here is a little more for you:




Courts use a two-part test (fashioned by the U.S. Supreme Court) to determine whether, at the time of the search, a defendant had a legitimate expectation of privacy in the place or things searched:

• Did the person actually expect some degree of privacy?
• Is the person's expectation objectively reasonable -- that is, one that society is willing to recognize?

For example, a person who uses a public restroom expects not to be spied upon (the person has an expectation of privacy) and most people -- including judges and juries -- would consider that expectation to be reasonable (there is an objective expectation of privacy as well). Therefore, the installation of a hidden video camera by the police in a public restroom will be considered a "search" and would be subject to the Fourth Amendment's requirement of reasonableness.
On the other hand, when the police look for and find a weapon on the front seat of a car, it is not considered a search under the Fourth Amendment because it is very unlikely that the person would think that the front seat of the car is a private place (an expectation of privacy is unlikely), and even if the person did, society is not willing to extend the protections of privacy to that particular location (no objective expectation of privacy).
A good example of how this works comes from a U.S. Supreme Court case in which the court held that a bus passenger had a legitimate expectation of privacy in an opaque carry-on bag positioned in a luggage rack above the passenger's head, and that the physical probing by the police of the bag's exterior for evidence of contraband constituted a search subject to 4th Amendment limitations.

In your example you do have a reasonable expectation of privacy in a closed locked compartment.
Just saying no does not give reasonable cause or probable cause. You have the right to privacy and the box is locked so he/she can not search it. He can however get a search warrant signed by a judge if the officer were to sign an affidavit that something illegal was going on with the toolbox or truck. Then your truck can be searched toolbox and all...

TheCollector

^ what he said i guess i dumbed it down to much

2010FX4F150GILROY

LOL: did I just become part of criminal activity?

TheCollector

no just an accessory LOL jk

Wanted33

Well said GILROY. Of course the easiest thing to do is not carry any illegal items.

banshee150

cops will make up any excuse they want to gain "reasonable/probable cause".. most people who has been driving a while knows this
their word VS yours, they win. step out and let them search.. if they wana search, theres no way to stop them, theyll just impound your vehicle at your expense and hold onto it untill they get a warrant to rip it apart.. even if they find nothing, they still win, welcome to america
ive had cops tell me my car smells like "burnt marijuana" a couple times.. when ive never once smoked marijuana in my car.. its insane , if you read the paper or police news enough, youll see they use the "burnt marijuana" claim quite often.. just an excuse to gain them the legal right to violate you

Trog777

No. Get a warrant. I'm old, cantankerous, and had a job where I met and worked with hundreds of LEO of all levels. Even did a gig with the Secret Service once.

No Get a warrant. You make chit up and say you have probable cause and I will sue your jack booted azz. You will again have to get the taxpayes to foot the bill for your gestapo actions and hopefully you'll have to start another career. Seen and heard too much. Spent many a day sitting in various 'squad' rooms listening to them talk.

No. Get a warrant. I even lock the door behind me and put the keys in my pocket if they ask me to step out of the vehicle.

"Alright if I take a look in your vehicle?"
"No"
"Why not? You got something to hide?"
"Nope"
"Then why don't you want me to look?"
"Because I don't have too."
"Well, I think you've got something to hide."
"Nope."
"We can do this the easy way, or we can do it the hard way."
"You better do it the legal way. You wanna search my vehicle, get a warrant."

No. Ain't gonna happen. Go yourself. Get a warrant.

kooly1

Probable cause. Some cops may do this, but they are not allowed and even in court they wouldn't get away with it. If anything was seized illegally it is inadmissible evidence and gets thrown out.