Tuesday, August 1, 2017

Glove-box invasion violates Fourth Amendment

Image result for glove compartment with gun
In United States v. Painter, an unpublished decision released last week, the Ninth Circuit held that law-enforcement officers conducted an unreasonable search when they looked in a driver's glove box after he ran a red light and crashed his car. The officers claimed to be looking for the car registration. But this information was "readily available" elsewhere: by running the license plate or the publicly viewable VIN through the police computers. And even if the VIN had been obscured and the licence plate destroyed in the crash, there was no exigency to excuse the officers from getting a warrant. A solid Fourth Amendment win for the defendant and a reminder that the police may not rely on a need for evidence that they can readily find in a less intrusive manner.

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