U.S. Supreme Court Expands 4th Amendment Protection to Vehicles in Driveways
In Collins v.
Virginia, the U.S. Supreme Court addressed a challenge to a police search of a motorcycle located in a partially
enclosed carport on a driveway adjacent to the defendant’s home.
In the course of investigating the
ownership and location of a motorcycle seen excessively speeding,
Officer Rhodes went to the address where a similar motorcycle was known to be
present. At the house, Rhodes observed a
white tarp covering a motorcycle.
Without a warrant, the officer walked up the driveway to where the motorcycle
was parked and uncovered the tarp.
The officer discovered the same motorcycle involved in the speeding incident. After running a search of the license plate and
vehicle identification number, he confirmed that the motorcycle was stolen and
photographed the motorcycle before replacing the tarp. Collins was later
charged and convicted of stealing a motorcycle.
The Virginia state courts rejected
Collins’ claim that the officer’s search violated his 4th Amendment
rights,finding that
the search fell under the automobile exception of the 4th Amendment. That exception recognizes that a
vehicle has the opportunity to leave during the time period that an officer would have to obtain a search
warrant. In addition, vehicles that
travel on public highways are generally subject to regulation while being
operated. When an officer has probable
cause to find a motor vehicle was used to commit a violation on a public way, a
search of an automobile is justified without a warrant.
On appeal, the U.S. Supreme Court found, in
an 8-1 ruling, that Collins had greater constitutional protections because of where the motorcycle was parked. The
area outside of a home where an owner still has a right to privacy is described as the “curtilage” of a person's property. Courts have held that because the curtilage is intimately
linked to the home, physically and psychologically, it is entitled to
greater privacy expectations. The
Supreme Court found that the driveway where Collins’ motorcycle was parked
qualified as curtilage. As a result, Collins’ had a greater 4th Amendment
right when his motorcycle was parked there than if it had been parked on the
street.
The Court then looked to see if the
automobile exception applied to the officer’s warrantless search. However, the Court found that there is
nothing about the automobile exception that gives an officer the right to enter
a home or its curtilage to access a vehicle without a warrant.
Local attorneys and code enforcement
officers should closely examine the case to determine how to investigate and
issue citations against motor vehicles located on private driveways.
Post Authored by Megan Mack & Adam Simon, Ancel Glink
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