# In CA if I have a SEALED prescription bag in my car can a cop open it? **URL:** \ **Category:** Factual Questions\ **Created:** [July 4, 2011, 12:09am UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766 "2011-07-04T00:09:13Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\ **Post date:** [July 4, 2011, 12:09am UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766/1 "2011-07-04T00:09:13Z")
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? ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [July 5, 2011, 2:14am UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766/2 "2011-07-05T02:14:35Z")
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. ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [July 5, 2011, 2:35am UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766/3 "2011-07-05T02:35:59Z")
> [@ChrisBooth12](#): > > If the bag is sealed shut say by a staple… This is nonsensical/contradictory. A **staple** does not **seal** a paper bag (that’s like putting a [stick in a hasp](http://mpzr.com/picture_library/gate16.jpg) 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). ---
**Author:** ![ChrisBooth12](https://avatars.discourse-cdn.com/v4/letter/c/e95f7d/32.png) [@ChrisBooth12](https://boards.straightdope.com/u/ChrisBooth12)\ **Post date:** [July 5, 2011, 5:21pm UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766/4 "2011-07-05T17:21:11Z")
So a locked briefcase would be exempt ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [July 5, 2011, 5:23pm UTC](https://boards.straightdope.com/t/in-ca-if-i-have-a-sealed-prescription-bag-in-my-car-can-a-cop-open-it/587766/5 "2011-07-05T17:23:25Z")
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.