Q: can a Leo search locked auto or glove box or console incident to arrest when the arrestee is away from mv ?
we get asked this question all the time-does the suspect need to be in the immediate area after the arrest in order for the police to search the entire vehicle ? for example can they be taken from the scene placed in the back of a patrol car and then the search be conducted into locked glove box etc..? Do the police have legal right to do so under the NJ law? even if there is no reason to believe that there is a weapon involved or drugs? now what if during the search the weapon or drugs are discovered ?
A: Who is we and if we is a police department, you are represented by a lawyer called the prosecutor and that would be the best lawyer to answer your question. A lawyer cannot talk to another lawyers client without that persons lawyers consent. I if you are a police department which is the way your question seems to be worded it would be unethical for another lawyer to answer a represented parties questions, unless the other lawyer either consents or the party is looking for additional or other representation. If that is the case then I would suggest that seen an in office consultation with experienced criminal lawyer.
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