Safety Deposit Box

Dr. J

Dr. J

Bluelight Crew
Joined
Sep 30, 2001
Messages
1,423
Ok...
My boyfriend and I got a safety deposit box at the bank today. I would naturally assume that if a warrant were issued, police would be able to get into the box. How hard is it to establish probable cause to issue a warrant in these cases?
Thanks
 
Really, it's less than a home search. You have a lower expectation of privacy in the box (bank people have the keys) than in the home. So the same criteria apply (check the FAQ's), it's just a slightly lower standard.
 
fact: Bank can open the box - not just any employee usually - but the key is on the premises. Depending on the bank management - employees can get access
fact: in the US a warrant allows the search of the property of the person listed. This can include a car at another location or a safety deoposit box. The only exclusion would be if the listed could not be stored in the box.
Example: The article was a stolen lawnmower - that could not be stored in the box. But, if the lawnmower was found at your house then they would have the right to examine the contents of the box
 
Originally posted by beantown:

fact: in the US a warrant allows the search of the property of the person listed. This can include a car at another location or a safety deoposit box. The only exclusion would be if the listed could not be stored in the box.
Example: The article was a stolen lawnmower - that could not be stored in the box. But, if the lawnmower was found at your house then they would have the right to examine the contents of the box
A warrant must be specific, there are no GENERAL search warrants, they must describe both place and evidence sought. A search warrant for your house wont' open the bank safe deposit box. The point I was making above is that because you have a LOWER expectation of privacy in a safe deposit box than in a home, the probable cause required is a lower standard. You are correct that they can't search areas like a box for items that can't posibly be stored there, But you are INCORRECT in your example when you state that if evidence is found in the home they can automatically search the box. This is Wrong, they would need a separte warrant.
Click to expand...
 
Originally posted by Dr. Gonzo:
Really, it's less than a home search. You have a lower expectation of privacy in the box (bank people have the keys) than in the home. So the same criteria apply (check the FAQ's), it's just a slightly lower standard.
The bank CANNOT open these boxes without the key that has been issued to the person renting the box. At my hotel, for example, we have safety deposit boxes that we cannot open unless we also have the key the guest was given. The only way to open these boxes is to have the key hole drilled.
I guess I thought that by their very "private" nature, the threshold would have at least been equal, if not higher, than other warrants.
*Shrug*
Click to expand...
 
Banks do keep a spare copy of the key they issue you. But, now you've got me thinking enough to do some more research...darn clever posters, making me think.
Don't wanna have jumped the gun and given you the wrong standard.
 
Banks DO NOT have the spare keys, or MASTER KEYS to open a Safe Deposit Box, unless the other Key is present with the Customer.. If the key is not there or lost. They will need to call a Lock Smith and drill it out and place a new lock on... Ive seen it many times and called in many times. I work at a bank! Wells Fargo to be exact! PEace. Hope this helps...About the warrant issue that i do not know!
 
Did a QUICK check and it seems I was wrong, the expectation of privacy is high. Warrant requirements are nearly the same as home search, but even HIGHER on specificity.
Good one, you guys caught me.
Now to immediately delete this thread, the integrety of my dictatorship is in jepordy. The illusion of inffallability must be maintained!!!
 
^^^^^
There was no attempt to "catch" you here. I was just curious (sorry man had to edit this email if you need to know why) if we decided to store some things in a safety deposit box away from prying eyes. I couldn't find anything specifc on it myself...and at least you were able to provide something definitive. Thanks!
And, fear not, your dictatorship is well intact ;)
[ 10 January 2003: Message edited by: DrGonzoESQ ]
 
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