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CA4: Putting a key into a lock just to see if it fits is reasonable

By John Wesley Hall, Jr.

Taking a key from defendant and inserting it in a lock to determine whether it worked, without entering, was reasonable. Whether it is a search did not have to be decided. United States v. Daniels, 2009 U.S. App. LEXIS 8501 (4th Cir. April 21, 2009) (unpublished): Among the items seized from Daniels on the night of March 3, 2005, was a key which the officers had reason to believe could access Apartment 106 of 1305 Kelston Place. (J.A. 749.) While Daniels originally consented to the detectives' use of the key to access the residence, he ultimately revoked his consent. (J.A. 173, 749.) Later the officers inserted the key into the door lock of Apartment 106, which was accessible to the public. The officers turned the key to confirm that it operated the lock but did not enter the apartment...continue to full post

Full post as published by Fourth Amendment on April 27, 2009 (boomark / email).