Can police search locked containers inside vehicles in California? Law enforcement can look inside a locked container in a car if they have a warrant, the driver’s permission to look, or reasonable cause to search the vehicle.
You can learn more about valid police searches and the warrant requirement in California with a Los Angeles DUI lawyer. If the police searched your vehicle improperly, a lawyer may focus on getting anything they found thrown out.
Find out more by calling or completing our online contact form.
When Can the Police Search a Vehicle?
The police in the United States can check over a vehicle if:
They Have a Warrant
Law enforcement officers can perform a lawful search of your entire vehicle if they have a warrant from the court system.
If authorized by a search warrant, they may look in any area specified by the warrant as thoroughly as they feel necessary, including the glove compartment and closed containers.
If an arrest relates to your vehicle, the police may go over the entirety of the car. Law enforcement may search a locked container inside your vehicle as part of the officer’s investigation into the alleged crime.
You Consent to the Search
Police officers may conduct a thorough inspection of your vehicle if you agree to allow them to look. They can look in the passenger area, the trunk, and any locked containers inside. The police can search your car without a warrant if you approve the check.
They Have Probable Cause
The police may go over your vehicle if they have probable cause to believe that it contains contraband or evidence of a crime and is likely able to change location (e.g., a car found driving on the road or recently parked in a parking garage).
The Federal Law Enforcement Training Center provides instructions on performing a warrantless search and details the automobile exception that allows for searches based on reasonable suspicion.
However, this does not mean police officers can search vehicles whenever they wish. Instead, officers must follow certain limitations, such as the Carroll Doctrine.
Can Police Look in a Closed Container?
Police can open and look in a sealed container based on California v. Acevedo. The U.S. Supreme Court ruled that it was permissible for police officers to search a locked container inside a vehicle.
However, the justices argued that the police still must have probable cause to believe that evidence or contraband is contained within the locked container to prevent unreasonable searches and protect your expectation of privacy.
What Is Probable Cause?
Probable cause is a legal standard of suspicion that police officers must meet in order to conduct a search or initiate an arrest. In order to reach the level of probable cause, the police must possess specific facts that would lead a reasonable person to believe there is evidence of a particular crime.
For example, an officer may not have probable cause to initiate a DUI arrest simply because the driver was speeding. While speeding may be a sign of impaired driving, the officer would need additional facts that point to a DUI. Additional facts may include:
- An open container of alcohol on the passenger seat
- A strong smell of alcohol on the driver
- Slurred speech from the driver
Given any combination of these facts, a police officer could have probable cause to initiate a DUI arrest and have reasonable suspicion to perform a warrantless search, including an inspection of closed containers.
Why Do the Police Look in Closed Containers?
Police officers may perform a warrantless vehicle search and look in containers to determine if a driver is breaking the law. In California, it is illegal under Vehicle Code Section 23222(a) to have an open container of alcohol or marijuana in a car on a public roadway.
In order to transport an open container, which is any receptacle containing alcohol or marijuana in which the case is open or has its seal broken, the receptacle must be in an area that is not readily accessible by the driver.
Acceptable areas can include the trunk or inside the vehicle’s passenger compartment if it is in a locked container. However, some drivers may transport illegal drugs in these receptacles. In these cases, they could face an arrest for drug trafficking or other crimes.
Lawyers May Help Suppress Illegally Obtained Evidence
Not all searches are valid, and prosecutors cannot use all evidence gathered in a search against you. If you face an open container or DUI charge, you may have the right to suppress some of the evidence after an illegal search of your motor vehicle.
The court may exclude evidence from any criminal proceedings if an officer searches your vehicle without probable cause or a valid warrant. Knowing what constitutes properly or improperly obtained evidence requires a keen understanding of the law.
If you believe that the police obtained evidence in a DUI or open container case, you have a better chance of having the evidence suppressed with a knowledgeable criminal defense attorney.
Learn More About Police Searches of Locked Containers
Can police search locked containers inside vehicles in California? Yes, law enforcement officers may sometimes look into a closed case if they have a warrant, your permission, or reasonable belief that a crime occurred.
However, if you believe law enforcement officers violated your rights or expectation of privacy, you can reach out to a lawyer for help. Find out more about your situation when you contact us.
