Can police remove a car cover off a vehicle without a warrant to inspect for a VIN number?

The Government obtained the civil forfeiture of a 1986 Dodge Ram Charger and $277,000 in U.S. currency found in this vehicle, pursuant to 21 U.S.C. § 881 (1988). Claimant Montes appeals on the ground that evidence discovered in the search of the Dodge Ram Charger should have been suppressed because it was obtained in violation of his Fourth Amendment rights. He contends that the police conduct in searching the leased Dodge Ram Charger, which was covered and parked in the backyard of a home, in order to discover the vehicle identification number ("VIN"), was a violation of his Fourth Amendment rights. The $277,000 in currency was discovered in the process and was confiscated when the narcotics-detector dog alerted on the currency. The central issue of the appeal is whether the police have a right to search a parked vehicle to obtain the VIN. Execution of the judgment has been stayed pending this appeal, pursuant to Fed. R.Civ.P. 62(d).

“Removal of the cover of the vehicle having been a search in violation of the Fourth Amendment, the evidence, which is the product of that search, must be excluded at trial. ”

Read the full case here: U.S. v. $277,000.00 U.S. Currency, 941 F.2d 898, 899 (9th Cir. 1991), https://casetext.com/case/us-v-27700000-us-currency

Anton Vialtsin, Esq.
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