Question

The police department has a written policy that provides locked containers found in prisoner's vehicles will not be searched without a warrant or consent to search. The defendant was arrested for shoplifting and police found a stolen drivers license in her purse. The purse was clasped and found underneath her seat. Discuss whether the search of the purse was lawful.

Answer 1

The search of the purse was lawful despite the police department policy that prohibits searching of prisoner's vehicles without a warrant. This is because, at the time of searching, the defendent was arrested for shoplifting.

The police might have believed that she put some of the stolen items in her purse hence the need to search it also. In the course of the searching, the stolen drivers license was discovered.

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