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KS: Where there is PC for a search, the officer can ask for the key to a locked toolbox

By John Wesley Hall, Jr.

Defendant was stopped for a traffic offense, and the officer could smell marijuana coming from the car. This was probable cause. In the back seat was a locked toolbox. Under the probable cause, the officer could ask for the key to the box without violating Miranda. State v. Goff, 2010 Kan. App. LEXIS 107 (September 17, 2010).* Defendant’s arrest was illegal, but he made statements to other inmates 20 hours after arrest in Central Booking which were admissions. The fruit was unpoisoned by the time and space between the illegal arrest and the statements. Cox v. State, 2010 Md. App. LEXIS 134 (September 17, 2010).* Defendant was arrested as an internet traveler meeting up with a fictitious child for sex. His car was across the street from where he was arrested...continue to full post

Full post as published by Fourth Amendment on September 20, 2010 (boomark / email).