Please Scroll Down to See Forums Below If your house was being searched and you had a safe could they search the safe? Would they need a search warrent for the safe itself or would that be part of the initial search warrent? Also what would happen if you refused to open the safe? The reason for this post is a very good friend of mine was pulled over and gave the police permision to search his car. He had a little locked container in the car and the police asked him what was in it and if he would open it. He said no and they told him they would get a search warrent if he didn't. He still did not give them permission and after about 15 min of questioning the let him drive away. He never opened it and they did not take it. I was wondering if this would be the same for a safe at your house? Thank you in advanced for any replies.
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- Thread starter caesar777
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Actually, in the motor vehicle search scenario, the police were mistaken. Once the operator granted consent, thereby waiving their Fourth Amendment right, they could then search the entire vehicle, even closed containers.
RW
RW
Police can't seize the container without probable cause. But once the individual waives thier Fourth Amendment right, they have no expectation of privacy. With no expectation of privacy, the police could then open or unlock even closed glove boxes, brief cases, etc.
In the home scenario, if not specifically set-out in the warrant, it will have to become an issue of reasonableness as to whether law enforcement is either going to seize the safe or open it on site. If law enforcment is executing the warrant on the premises to serarch for a stolen Steinway piano, it's unreasonable for them to search dresser drawers or a 24 inch wide safe.
RW
In the home scenario, if not specifically set-out in the warrant, it will have to become an issue of reasonableness as to whether law enforcement is either going to seize the safe or open it on site. If law enforcment is executing the warrant on the premises to serarch for a stolen Steinway piano, it's unreasonable for them to search dresser drawers or a 24 inch wide safe.
RW
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