Monday, June 4, 2018

U.S. Supreme Court: police need warrant to search vehicle located near home

Via Washington Examiner:
The U.S. Supreme Court on Tuesday ruled police must obtain a warrant to search a vehicle parked near a home on private property, setting new limits on law enforcement's ability to conduct searches...

The man at the center of the case is Ryan Collins, who twice eluded police while riding a motorcycle in Albemarle County, Va., in 2013. Officers eventually found the motorcycle covered with a tarp and parked on a parking patio outside a house belonging to Collins’ girlfriend.

Police lifted the tarp and ran the motorcycle’s vehicle identification number. Upon running the VIN, officers discovered the motorcycle had been stolen in New York several years earlier, and Collins was arrested.

Collins argued the police violated the Fourth Amendment with its warrantless search because the motorcycle was located within the curtilage of the home.

But a trial court, state appeals court, and the Virginia Supreme Court disagreed, and said the search was constitutional.

In its decision, the Virginia Supreme Court cited the Fourth Amendment’s automobile exception, under which an officer can search a vehicle without a warrant if he or she has probable cause to believe the vehicle was involved in a crime.

But the U.S. Supreme Court disagreed, saying nothing in its case law indicates that the automobile exception gave law enforcement the right to enter a home or its curtilage to access a vehicle without a warrant.

The complete decision can be found here.