Can police search locked toolbox in car? (with no key present)

[moneymandall18]

Michigan
If I give police consent/ if they have probable cause to search my car, and there is a locked toolbox in the trunk (without a key, I keep the key at home), can they still search it. One person told me yes they can but another told me no they must have a warrant.

Can someone verify this please?

Thanks!

 

[BOR]

Voluntary consent can be withdrawn at any time.

IF they have PC to believe contraband exists in an automobile, under the "automobile exception" to a warrantless search, they can search it, and that includes "closed containers", which means locked also.

Now I am not aware of any US SC ruling on locked containers, just closed, so it would be a matter of state constitutional law/jurisdictional law.

Now we can assume since a trunk is locked it can not be searched, but we can not equate that with a container/box.

 

[disneykid52]

He said he keeps the key at home...So they will let him go get it?

 

[BOR]

He said he keeps the key at home...So they will let him go get it?

No, a search can be conducted with PC just as if a magistrate had approved a warrant, they do not need a key, they can force it open if he refuses, just as a door/window can be broken down/into when serving a Serach warrant or arrest warrant and no person answers the door.

For example, if a SW/AW is served on a home and the front door is knocked on and the presence announed, officer's at the back door need not knock and announce, there is no seperate requirement. An Auto has a much less expectation of privacy, so the SC's reasoning is, if drugs are found in a tool box in the trunk, it stands to reason the passenger compartment is subject to a warrantless search also.

It is the consensus of most courts that they can open a locked container.

As I stated, I am not aware of any US SC decison that uses the work LOCKED, but as we see in Ross, a landmark decision, it can be containers and packages. Luggage is included, but not mentioned ion Ross though.

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0456_0798_ZS.html

However, a stated, a state constitution may afford greater protection based on the individual facts?

 

[disneykid52]

Then who pays the repair or replacement bill on said lockbox (or broken window or door) if nothing (or no one) is found?

 

[BOR]

Then who pays the repair or replacement bill on said lockbox (or broken window or door) if nothing (or no one) is found?

That may be a matter or internal police policy and not codified law.

Just as when a person is incarcerated, the 8th AM mandates they receive medical care, then it is up to a state to decide if they are to be paid back.

I have never seen any laws anywhere that mandate the police/govt. pay for any damage, that is not to say it is now out there somewhere though?