Touching a Vehicle is a Search
This case is a significant case … not because of the outcome, but because of the rule of law it sets out. A law enforcement officer pressed on tire with his finger to see if there was something in it other than air. As it turns out … there was!
In this case the Fifth Circuit held that the physical touch of the tire to gather information was a Fourth Amendment search under the trespass definition given new life by the U.S. Supreme Court in United States v. Jones. I did a Broadcast Blue podcast on this case last week. You can listen to the podcast by going to www.broadcast.blue or by clicking here.
To read or download a copy of the decision CLICK HERE