Arrest, Search, Seizure, Warrant Probable cause & what constitutes a vehicle search question

[chuckyevans]

Can a police officer unlock a vehicle with a remote entry device in order to identify an individual's vehicle in the course of questioning? Does this constitute a vehicle search? Thanks in advance!

Chucky Evans,
Pre-Law Student

 

[CdwJava]

Can a police officer unlock a vehicle with a remote entry device in order to identify an individual's vehicle in the course of questioning? Does this constitute a vehicle search? Thanks in advance!

Chucky Evans,
Pre-Law Student

If he did not search the interior of the vehicle, and had lawful cause to be in possession of the keys, then I do not see that any 4th Amendment issue exists.

However, without any facts/details it is impossible to accurately evaluate the situation. I can conceive of scenarios that could go either way.

 

[army judge]

How did the officer come to be in possession of the remote?

Why was the officer attempting to verify ownership?

What was the nature of the questioning?

Was the subject in custody?

Had anyone been read their Miranda Rights?

Was the person being questioned an adult?


Sent from my iPhone using Tapatalk

 

[mightymoose]

The answer is no... so long as the officer did not search the inside of the vehicle without consent.
Pressing the remote button is not a search, and information obtained from a license plate is not private.
I suppose for some reason you did not want the officer to know what vehicle you drive, but regardless, he did not conduct an illegal search by using the remote.