Leaning into a Vehicle as a Fourth Amendment Search

CAC00028
Rules

A police officer who, during an otherwise lawful traffic stop, opens the car’s door and leans into it without probable cause or any other particularized justification, violates the Fourth Amendment.  Leaning into a vehicle constitutes a search.  Any products of that illegal act are subject to possible suppression.  Failure to argue possible applicable search and seizure issues waives them.

Facts

In the early morning hours of May 6, 2018, San Francisco Police Officer Kolby Willmes noticed defendant Malik Ngumezi sitting in the driver’s seat of a vehicle in a gas station.  Officer Willmes also noticed that the vehicle did not have any license plates; an apparent violation of V.C. § 5200(a).  Not observed by the officer was a bill of sale affixed to the lower passenger-side corner of the windshield.  Because a gas pump blocked access to the driver’s side, Officer Willmes walked to the passenger side of the car and—according to defendant—opened the passenger door, leaned into the car, and asked defendant for his driver’s license and vehicle registration.  (Officer Willmes later testified that he could not remember whether he opened the door and leaned into the car, or whether he merely talked to defendant through the open window.  The Court, therefore, assumed that defendant’s version of the facts is what had actually happened.)  Unable to produce anything other than a California identification card, it was quickly determined that defendant’s license was suspended and that he’d received three prior citations for driving with a suspended license.  SFPD policy requires officers to impound a vehicle in any case where the driver is unlicensed and has had at least one prior citation for driving without a license.  In compliance with this policy, preparations were made to tow defendant’s car.  A pre-impound inventory search of the car resulted in the recovery of a loaded .45 caliber handgun under the driver’s seat.  Upon determining that defendant had a prior felony conviction, he was arrested for being a felon in possession of a firearm.  Charged in federal court with a violation of 18 U.S.C. § 922(g)(1) (felon in possession of a firearm), defendant’s motion to suppress was denied.  He therefore submitted to a bench trial upon stipulated facts and was convicted.  Sentenced to 18 months in prison, defendant appealed.