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 or by clicking here.

To read or download a copy of the decision CLICK HERE