Say he has “probable cause” to search my car. If the bag is sealed shut say by a staple like most pharmacies do can he rip it open? I was under the impression that any sealed/locked container, probable cause or not needed an extra warrant to open, what is the dope?
IANAL, but I’m sure of the following sentence: It depends on why he’s searching, and for what.
If he has probable cause to believe that a crime has been committed, and has reason to believe that evidence – especially the proceeds or means of the crime – is small enough to fit in the bag, then of course he can open it. Does the staple create a reasonable expectation of privacy? I always thought it’s to keep the bottle from falling out.
The extra warrant, I think, is for containers encountered during other types of search – incident to arrest, for instance, the officer can only search the area ready to hand, to prevent the suspect from destroying evidence or grabbing a weapon. Searching the trunk is right out, and a locked container in the passenger area might be too.
This is nonsensical/contradictory. A staple does not seal a paper bag (that’s like putting a stick in a hasp and calling it locked). Nor does it prove anything – it’s certainly possible for a drug smuggler to open the bag, change the contents, and apply his own staple (or even resecure the original one).
So a locked briefcase would be exempt
IANAL but I think it depends on what they’re looking for. If it’s something that wouldn’t fit in a paper bag or a briefcase (say a rifle, for instance), then the search is unreasonable.