A Key Insertion into a Vehicle’s Door Lock as a Fourth Amendment Search

Fourth Amendment Searches of Vehicles

Using a Key in a Vehicle as a Fourth Amendment Search

Fourth Waiver Searches and the Probable Cause Requirement

A Fourth Amendment search occurs when a law enforcement officer physically inserts a key into the lock of a vehicle for the purpose of determining a suspect’s ownership of, or control over, that vehicle.  Absent probable cause, such a search is unlawful.  Before officers may conduct a warrantless search of a vehicle pursuant to a Fourth waiver condition, they must first have probable cause to believe that the defendant owns or controls the vehicle to be searched.

Defendant Howard Dixon—a convicted felon on federal “supervised release” with a Fourth waiver—was suspected by the San Francisco Police Department of being involved in an earlier shooting.  SFPD Officer Edward Ochoa began surveilling defendant in January, 2018, observing him as he drove around a particular neighborhood near the Oakdale Apartments in several different vehicles—a black BMW and a blue Honda minivan—on different occasions.  Although defendant reported to his federal probation officer that he lived at the Oakdale Apartments, Officer Ochoa was unaware of this, inexplicably failing to check with defendant’s P.O.  Other databases Ochoa did check listed other possible addresses for where he might be living.  On March 9th, Officer Ochoa observed defendant at the Oakdale Apartments, exiting ....