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 ....
