{"id":7579,"date":"2023-10-27T15:49:54","date_gmt":"2023-10-27T15:49:54","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7579"},"modified":"2026-09-17T06:14:10","modified_gmt":"2026-09-17T13:14:10","slug":"vehicle-trunk-search","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7579","title":{"rendered":"Vehicle Trunk Search"},"content":{"rendered":"

This question came from an officer in New Jersey.\u00a0 Can police search the trunk of a car on the motor vehicle exception<\/a>?<\/strong><\/p>\n

What were the facts of this New Jersey trunk search?<\/h2>\n

The hypothetical goes something like this: patrol was notified of a suspicious person and vehicle.\u00a0 They found a male under the influence of heroin located right outside the vehicle.\u00a0 A semi-conscious female was under the influence of heroin in the passenger seat.\u00a0 So the male tells the cops that there are heroin, crack, and a handgun in the vehicle.\u00a0 The cops then search the passenger compartment and they find those things.<\/p>\n

So the male wasn’t lying.\u00a0 There were drugs and a gun in the vehicle.\u00a0 Then the cops asked for consent<\/a> to search the trunk.\u00a0 The male denies consent.\u00a0 Can the police search the trunk on the motor vehicle exception?\u00a0 The answer is most likely going to be, \u201cYes.\u201d<\/p>\n

Would a judge sign a warrant for the trunk on these facts?<\/h2>\n

Here’s why.\u00a0 First, do you think that under these circumstances a judge would give you a warrant for the trunk?\u00a0 And I think the answer is, \u201cYes.\u201d<\/p>\n

There were multiple drugs found in the car.\u00a0 There was heroin in the car, which is indicative of selling and trafficking; there was a gun in the car; again, indicative of trafficking.\u00a0 Dealers use weapons for self help; they can’t call 911 when they get robbed, right?\u00a0 So they have to resort to their own self defense.<\/p>\n

So it seems that he may be involved in dealing, and where would there be more evidence of that crime?\u00a0 It’s certainly in the trunk, maybe even in the engine compartment.\u00a0 Dealers are known to keep just a small supply in the passenger apartment.\u00a0 But the big stuff is in the trunk and sometimes in the engine compartment.\u00a0 It could be in the air filter, under the manifold cover, in a fuse box, and so forth.<\/p>\n

When is the trunk searchable and when should you leave it alone?<\/h2>\n

So that’s really what it comes down to.\u00a0 If the officers do feel confident that they have the facts and circumstances that would lead a neutral and detached judge to issue a warrant for that trunk, then it’s searchable under the motor vehicle exception.<\/p>\n

If the cop does not feel confident, and does not have any facts or circumstances about why he believes that there’s more evidence in the trunk, then don’t search it.\u00a0 But if you do, then that’s the quintessential motor vehicle exception search.<\/p>\n

Related from Blue to Gold<\/h2>\n