Regarded as a victory for Fourth Amendment advocates, the U.S. Supreme
Court ruled 8-1 against a warrantless police search that involved a Virginia
officer entering private property in order to examine a motorcycle covered
by a tarp in the driveway near a home. Law enforcement authorities relied
on a line of Supreme Court cases, allowing police to search a vehicle
without a warrant.
Writing the majority opinion, Justice Sonia Sotomayor stated the automobile
exception does not apply when searching vehicles parked adjacent to a
home. She said that the constitutional protections for a person’s
home and the surrounding area—known as curtilage—outweigh
the police interest in conducting a vehicle search without a warrant.
“To allow an officer to rely on the automobile exception to gain
entry to a house or its curtilage for the purpose of conducting a vehicle
search would unmoor the exception from its justifications, render hollow
the Fourth Amendment protection the Constitution extends to the house
and its curtilage, and transform what was meant to be an exception into
a tool with far broader application,” wrote Justice Sotomayor.
The case originated with Ryan Collins (Collins v. Virginia), who had evaded police twice in 2013 while riding an orange and black
motorcycle in Virginia. Law enforcement used Collin’s Facebook page
to track the motorcycle to his girlfriend’s house. Without a warrant,
officers walked onto the driveway, lifted a tarp covering the motorcycle,
ran the bike’s plates, and confirmed it was stolen. Collins was
Keep in mind, warrantless searches are allowed in “exigent circumstances,”
when the evidence might disappear if not examined immediately. Lower courts
were ordered to consider that issue.
For more information,
contact our Ventura criminal defense attorney at The Law Offices of Jarrod M.