CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Pressing the key fob found inside during a search to locate the car outside was reasonable under the automobile exception. United States v. Fortson, 2022 U.S. App. LEXIS 11176 (11th Cir. Apr. 25, 2022).

“Defendant’s constitutional rights were not violated by the detention. The two-hour and forty-eight-minute detention while waiting for the warrant was reasonable and supported by probable cause. As discussed above, officers entered the apartment because they believed there could be additional overdose victims. The officers also believed contraband was in the apartment based on what Mr. and Ms. Tripp told officers. This belief was confirmed during the lawful sweep of the apartment when officers observed drugs in plain view, thus giving them probable cause to believe the apartment contained evidence of a crime. Officers also believed that evidence could be destroyed if the five occupants of the apartment were not restrained.” The apartment wasn’t searched until the warrant arrived. United States v. Polite, 2022 U.S. Dist. LEXIS 75245 (D.Neb. Mar. 14, 2022).*

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