Supreme Court Rules 8-1 Against Warrantless Police Search in Important Fourth Amendment Case

by | May 30, 2018

Supreme Court Rules 8-1 Against Warrantless Police Search in Important Fourth Amendment Case

by | May 30, 2018

Fourth Amendment advocates scored a victory today when the U.S. Supreme Court ruled 8-1 against a warrantless police search that involved an officer entering private property for the purpose of examining a motorcycle stored under a tarp in the driveway near a home. “In physically intruding on the curtilage of [Ryan Austin] Collins’ home to search the motorcycle,” Justice Sonia Sotomayor wrote for the majority in Collins v. Virginia, the officer “not only invaded Collins’ Fourth Amendment interest in the item searched, i.e., the motorcycle, but also invaded Collins’ Fourth Amendment interest in the curtilage of his home.”
The central question before the Supreme Court in Collins v. Virginia was whether the so-called automobile exception to the Fourth Amendment, which allows the police certain latitude to search vehicles on public streets without a warrant, also allows the police to walk up a driveway without a warrant and search a vehicle parked in the area near a house. The Court ruled 8-1 that the automobile exception should not apply in this scenario.
Read the rest at Reason.com.

Our Books

Shop books published by the Libertarian Institute.

Podcasts

scotthortonshow logosq

coi banner sq2@0.5x

liberty weekly thumbnail

Don't Tread on Anyone Logo

313x0w (1)

313x0w (1)

313x0w (1)

Our Books

Recent Articles

Recent

The ‘Fake China Threat’ Vindicated

The ‘Fake China Threat’ Vindicated

For several years and in a variety of works at the Libertarian and Mises Institutes, I have argued that Washington’s bipartisan consensus about Beijing as an aggressive, revisionist challenger to U.S. global supremacy was deeply misguided. Far from seeking global...

read more

Pin It on Pinterest

Share This