Hypothetical Situation

[MACHI]

I have Rick Collins book legal muscle and have been reading it extensively. However, I have yet to come across the answer to my question:

Police need a warrant from a judge to open your mail based on properties that deem it to be suspicious. Police also need a warrant to search your car or house. (in most states i think they still need one for the car) Lets imagine your traveling in your car with gear that is enclosed in sealed postal packages. You get pulled over. You do not consent to a search but the officer gets permission for one anyway. Heres the question:

Do the authorities need a separate warrant based on entirely different evidence (suspicious looking package properties) to open the mail that you had in your car?

 

[Captain Planet]

I can't answer for sure, but I doubt it. If the officer either flashes his flashlight in your car and sees something suspicious or if you are pulled over at a sobriety checkpoint, the cop can search the car period. That means they can search the car in its entirety without a warrant.

That being said, there may be some loophole that says they do need a warrant. FYI its never a good idea to have illegal items while driving period, but you probably already know that........

 

[crunch76]

seriously doubt they would need a seperate warrent, car is dangerous, you do have rights but not nearly what you have with your home, driving considered a privialge given to you by state, keep it out of your car as much as possible

 

[Massive690]

when it all comes down to it, cops do whatever the fuck they want, regardless if it is legal or not. so your best advice would be- don't get pulled over

 

[Mark Kerr]

I have Rick Collins book legal muscle and have been reading it extensively. However, I have yet to come across the answer to my question:

Police need a warrant from a judge to open your mail based on properties that deem it to be suspicious. Police also need a warrant to search your car or house. (in most states i think they still need one for the car) Lets imagine your traveling in your car with gear that is enclosed in sealed postal packages. You get pulled over. You do not consent to a search but the officer gets permission for one anyway. Heres the question:

Do the authorities need a separate warrant based on entirely different evidence (suspicious looking package properties) to open the mail that you had in your car?

Karch would be better suited to answer this question than me but here we go...

No, they do not need a seperate warrant, because something must be in the postal system/postal transit in order to be given separate warrant right. For example, I could ship goods in a trashbag, and they would still need a warrant if it were in the postal system/transit.

Merely storing something in a postal box means nothing. If you are going to be riding with something in your car, put it in the trunk. They need a warrant or consent to search it. Dont give consent.

Personally, I would rather ship my goods in the mail rather than drive if it were domestic and of any significant distance.

Ask Karch for specifics, he is an actual attorney and I am only in law school. (Basically that means Karch can tell you for sure, but I can tell you the property rights regarding a falling foreign body - remember that case from school Karch? Hehe)