Probably, if they are in the car when he searches it. That is because you placed no limits on what he could search. The Virginia Court of Appeals recently rendered a case decision on this very point, and ruled that unless the driver put some limits on what the police could look into as he conducted his search of the car, giving consent to search the interior of the car means to search through everything in the car as well. You should have asked the officer what he was going to specifically search, and whether that included your backpack and your girlfriend's purse, before giving your consent. If the officer said he wanted to search those as well, then what you should have said is, You can search inside the car, but not any containers inside the car, such as my backpack or my girlfriend's purse.

Frequently Asked Questions

 


Q: If a police officer asks to search my car, and I consent, does that give him the right to look into my girlfriend's purse or my backpack, too? 

A: Probably, if they are in the car when he searches it. That is because you placed no limits on what he could search. The Virginia Court of Appeals recently rendered a case decision on this very point, and ruled that unless the driver put some limits on what the police could look into as he conducted his search of the car, giving consent to search the interior of the car means to search through everything in the car as well.

You should have asked the officer what he was going to specifically search, and whether that included your backpack and your girlfriend's purse, before giving your consent. If the officer said he wanted to search those as well, then what you should have said is, "You can search inside the car, but not any containers inside the car, such as my backpack or my girlfriend's purse."


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