Was it legal for the officer to open my car door and take keys without consent?

Question

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be run, I attempted to retrieve my keys from the car roof, after which the officer removed me from the vehicle and found a handgun on my person. I was charged with possession. The officers did not inform me of a search or state that I was under arrest at any point, nor did they provide any explanation for their actions. Is the officer's act of opening my car door and taking my keys without a warrant or my consent considered legal, and was the subsequent search and seizure of my vehicle and person lawful under these circumstances?

Thomas C Gallagher · Answer

A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists.  The only lawyer who will have access to that will be the lawyer representing you, or who will be.  Given the facts offered in the question, an issue may be whether the police officer had sufficient known facts at the time to justify expanding the scope of the initial stop.  But really, your defense lawyer will need to look at everything available about the case.

Jonathan Matthew Holson · Answer

You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not.  It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that occurred here.  Get a private attorney, otherwise apply for a public defender if you cannot afford one.

James L. Arrasmith · Answer

When you're asleep in your car on a public road, officers can legally conduct a welfare check to ensure your safety. However, opening your car door and taking your keys without your permission or a warrant raises serious Fourth Amendment concerns. The law generally requires either your consent, a warrant, or an emergency circumstance that justifies bypassing those requirements. 
 
Taking your keys before any signs of danger or probable cause were present might be viewed as an unreasonable seizure. If the officer didn’t see anything illegal before opening the door, then using the welfare check as a pretext to investigate you further could be challenged in court. The fact that you weren’t informed of a search or arrest adds more weight to your argument that your rights may have been violated. 
 
The handgun found after you reached for the keys could complicate things, but if the initial entry and seizure were unlawful, anything found afterward might be considered inadmissible under the exclusionary rule. You should absolutely talk to a defense attorney who can help examine whether your constitutional rights were violated and potentially file a motion to suppress evidence. It sounds like the officer skipped key legal steps, and that could impact the strength of the charges against you.

Q: Was it legal for the officer to open my car door and take keys without consent?