Don’t keep all of your apples in one glove compartment! Search of Glove Box Incident to Arrest.

Can Police Search the Glove Compartment After a Traffic Stop?

One of the most common questions drivers ask is whether the police can search the glove compartment of a vehicle during or after a traffic stop. The Supreme Court addressed this issue in New York v. Belton, a major Fourth Amendment case about searches incident to arrest.

Facts of New York v. Belton

In New York v. Belton, a police officer stopped a speeding car. Roger Belton was one of four passengers. When the officer spoke with the driver, he smelled marijuana and saw an envelope labeled “SUPERGOLD,” which he believed contained marijuana.

The officer also discovered that none of the occupants owned the vehicle. After ordering all four out, he searched the car and found a leather jacket belonging to Belton. Inside one of the jacket’s zippered pockets, the officer discovered cocaine.

Was the Glove Compartment Search Lawful?

The key question was: may an officer lawfully search a car without a warrant after the occupants are separated from the vehicle and under arrest? The Supreme Court said yes.

In a 6–3 decision, the Court held that a police officer can lawfully search the passenger compartment of a vehicle—including closed containers such as the glove compartment—after arresting its occupants. The search, the Court said, is “incident to a lawful arrest” and does not violate the Fourth or Fourteenth Amendment.

How Later Cases Limited the Rule

Years later, in Arizona v. Gant (2009), the Supreme Court limited Belton. Today, officers may only perform a glove compartment search incident to arrest if:

• The arrestee is unsecured and within reaching distance of the car’s interior; or
• It is reasonable to believe that the vehicle contains evidence relevant to the crime of arrest.

Read the full opinion here: New York v. Belton, 453 U.S. 454 (1981).

What to Do If Police Search Your Glove Compartment

If the police searched your glove box or vehicle without a warrant, you may be able to challenge the search in court. Evidence found during an unlawful search may be suppressed, meaning it cannot be used against you.

Always consult an experienced criminal defense attorney who understands Fourth Amendment law and can evaluate whether your rights were violated during a glove compartment search.

About the Author

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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FAQ: Glove Compartment Search and Your Rights

Can police search my glove compartment without a warrant?
No, unless they have probable cause, consent, or the search is incident to a lawful arrest.

What if the officer says they smell marijuana?
The smell of marijuana can establish probable cause for a vehicle search, though marijuana laws now vary by state. Always speak with a lawyer if this happens.

Can evidence from my glove compartment be thrown out?
Yes. If the search violated your Fourth Amendment rights, your attorney can file a motion to suppress the evidence.