Can Officers Search a Locked Glove Box Based on a Passenger’s Parole Status?

This post is only offered as a discussion topic only and does not represent legal advice. Officers must refer to the laws in their own State as well as their agency's policies, which can be more restrictive on officers that the law requires.

Scenario: A Police officer is backing up their partner on a traffic stop in an area known for gang activity. The officer's partner discovers that the backseat passenger is on parole and conducts a parole search of the vehicle. While conducting the search, the partner uses the ignition key to unlock the locked glove box and finds a loaded firearm.

Was the search of the locked glove box based on the backseat passenger's parole status lawful?

Answer:This situation is similar to the California Court of Appeals case from 2022 called Claypool v Superior Court. In this case the court explained, "A permissible search based on a passenger's parole status is limited to those areas of the passenger compartment where the officer reasonably expects that the parolee could have stowed personal belongings or discarded items when aware of police activity."

 “The question is not whether it is reasonable to believe the parolee could have secured property in the glove box before he noticed the police. Rather, the relevant period is the time between when the parolee became aware of the police and the search. And here, we find it critical that there is no evidence suggesting the type of movements among the three occupants consistent with secreting the gun into the glove box.” 

So absent any indication that the backseat passenger was attempting to conceal items in the glove box upon contact by the police, the search of the locked glove box would likely be considered unlawful. 

The complete case opinion is available in the additional resources section of TheBriefingRoom.com and, as always, make sure you refer to your agency policy which can be more restrictive than the law requires.

This blog topic serves as a summary of our video lesson on this crucial topic. If you're interested in accessing the full video lesson and additional resources, click the link to register for your free 30-day trial.