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.

libetarian institute longsleeve shirt

Our Books

cb0cb1ef 3fcb 417d 80d8 4eef7bbd8290

Recent Articles

Recent

TGIF:  Israel and Jabotinsky’s Iron Wall

TGIF: Israel and Jabotinsky’s Iron Wall

Vladimir (Ze'ev) Jabotinsky (1880-1940) was a key figure in the development of the Zionist movement, which led to the founding of Israel in 1948. After breaking from mainline Zionism, Jabotinsky, born in Odessa (Ukraine), established Revisionist Zionism, a more openly...

read more
The Smallness of Mark Levin

The Smallness of Mark Levin

In 2009, I was working part time in talk radio in Charleston, South Carolina as an on-air personality. I was also the token conservative columnist for the local, liberal free weekly paper. I wasn’t making a lot of money, but I was working in the field I was most...

read more

Pin It on Pinterest

Share This