Robert Phillips
- Ref # CAC00015
- January 09, 2021
A Key Insertion into a Vehicle’s Door Lock as a Fourth Amendment Search
CASE LAW
Fourth Amendment Searches of Vehicles
Using a Key in a Vehicle as a Fourth Amendment Search
Fourth Waiver Searches and the Probable Cause Requirement
RULES
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 ....
![Warrantless Searches: Do You Know the Difference between ‘Community Caretaking’ and ‘Render[ing] Emergency Assistance?’](/sites/default/files/styles/435_x_242/public/2026-01/GAImage-rb5oktrb5oktrb5o-01242026.png)
