Client charged with possession of marijuana and paraphernalia in Lenexa.  The report indicates the items were found in a locked safe that was in her hotel room. The keys to the safe had been thrown in the grass outside her room by her then boyfriend.  Apparently the two had an argument and the boyfriend took the keys and tossed them on the ground.  A tipster called the police to report the 'disturbance' and when they arrived they found the key's lying on the ground where the male subject had dropped them.  They interviewed both parties and determined a "probable cause" search of the safe was warranted based on the statements made by the male that there were "drugs" in the safe. My client denied consent to the search of the safe. The police nonetheless searched the safe and found marijuana and paraphernalia stuffed inside. They then issued my client charges for possession of marijuana.

The sole issue is: can the police open the safe without consent of the owner (my client) under circumstances highlighted above? Answer: no, the search was a violation of her rights under the 4th Amendment that protects citizens from unlawful searches and seizures. In this case, the prosecutor agreed that the police needed a search warrant before opening the safe.  The safe was not going anywhere, and therefore police had sufficient time to get a warrant to search the safe.  Since they failed to do so, then any items seized as a result of the search are deemed "fruits of the poisonous tree" and not admissible at trial.  

I read the report and spoke with my client before informing the prosecutor of our intent to challenge the search of the safe based on the above arguments. The bottom line is there was no exigent circumstances that existed (the items in the safe would not be destroyed by the passage of time) that justified the police searching the safe without consent or a warrant. Generally, locked items like a safe and suitcase must have a warrant or consent before a lawful search can be made.  When the owner refuses to give consent, the officer must justify the warrantless search or he risks a dismissal of the case. 

My training as a lawyer in the area of the 4th Amendment certainly allowed me to present a persuasive argument to the prosecutor.  And fortunately the prosecutor was well versed in the area of illegal searches and acknowledged the illegality of the search of the safe in my client's hotel room.