Ch. 6 PROTECTIVE WEAPONS SEARCH § 6. 8 6.9 CAN LARGE CONTAINERS BE SEARCHED? ANSWER: Yes and No It depends on the size, nature, and location of the container and what would be reasonable under the particular circumstances. If the container is unlocked, could reasonably hold the type of weapon that could harm the officers, and is within reach of the driver's seat, then a search of that container would appear to be reasonable. The touchstone in analyzing any warrantless search is always the reasonableness of the officer's actions in light of the facts and circumstances of the particular case. See endnote 31 for examples of closed container searches found on or near a person subject to a Note: protective weapons search not involving a motor vehicle. In the above example, because the cardboard box on the back seat was capable of holding a weapon Note: and was within reach of the driver's seat, a search of the box would appear to be reasonable. However, a search of the paper bag found inside the cardboard box would clearly exceed the scope of a protective weapons search because the officer could tell, by feeling (frisking) the outside of the bag, that it did not contain a weapon. Note: The further away from the driver's seat the object to be searched is located, the less of a threat it poses to an officer, even if the driver is released and allowed to re-enter the vehicle. How far an officer can go in conducting a motor vehicle protective weapons search depends upon the facts and circumstances of the particular case. Whether the vehicle is occupied by one or more occupants is always an important factor to consider in assessing the scope and reasonableness of a protective weapons search.
Ch. 6 PROTECTIVE WEAPONS SEARCH § 6. 8 6.9 CAN LARGE CONTAINERS BE SEARCHED? ANSWER: Yes and No It depends on the size, nature, and location of the container and what would be reasonable under the particular circumstances. If the container is unlocked, could reasonably hold the type of weapon that could harm the officers, and is within reach of the driver's seat, then a search of that container would appear to be reasonable. The touchstone in analyzing any warrantless search is always the reasonableness of the officer's actions in light of the facts and circumstances of the particular case. Note: See endnote 31 for examples of closed container searches found on or near a person subject to a protective weapons search not involving a motor vehicle. Note: In the above example, because the cardboard box on the back seat was capable of holding a weapon and was within reach of the driver's seat, a search of the box would appear to be reasonable. However, a search of the paper bag found inside the cardboard box would clearly exceed the scope of a protective weapons search because the officer could tell, by feeling (frisking) the outside of the bag, that it did not contain a weapon. Note: The further away from the driver's seat the object to be searched is located, the less of a threat it poses to an officer, even if the driver is released and allowed to re-enter the vehicle. How far an officer can go in conducting a motor vehicle protective weapons search depends upon the facts and circumstances of the particular case. Whether the vehicle is occupied by one or more occupants is always an important factor to consider in assessing the scope and reasonableness of a protective weapons search.