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

[Free Vulcan]

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."

http://reason.com/blog/2018/05/29/supreme-court-rules-8-1-against-warrantl


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Article is a couple of days old, delete if duplicate.

[Weird Tolkienish Figure]

Wow... so who says the two "sides" cannot agree on anything these days?

[Suppressed]

"The Fourth Amendment prohibits 'unreasonable' searches," Justice Alito maintained. "What the police did in this case was entirely reasonable. The Court's decision is not."

He makes a good point.

But courts will never go that way these days.

[Hoodat]

Alito is wrong here.  The target of the search was not a vehicle.  It was a tarp.  There was no assurance that a vehicle was underneath.

As for the leniency of vehicle searches, I am adamantly opposed to the current view that police can attach tracking devices to vehicles in public.  Seeing that police have been granted that right, I oppose leniency on any other grounds.

[driftdiver]

The ability of law enforcement to monitor, watch, & search people without first obtaining a warrant needs to be curtailed.  It is being abused on a daily basis.

[To-Whose-Benefit?]

http://reason.com/blog/2018/05/29/supreme-court-rules-8-1-against-warrantl

Article is a couple of days old, delete if duplicate.

If it's a duplicate I missed the original and Anything that strengthens Any part of the Bill of Rights is a major win that needs to be seen by Everyone.

 

[Fantom]

Well yes, this is a no brainier.

The State cannot search private property without a warrant. End of story.

Now they can see what they can see on private property...I.E. Looking over a fence. If such lets them make a warrant ... all is good. Moving a tarp on private property to see... not so much.

An interesting fact about "Curtilage". In Ye Olde' Anglish lew... it was the "Bowshot distance from the front stoop." of a homestead. That was the property you controlled, as if a sovereign. Only the State had any domain over you.

[Taxcontrol]

Alito is wrong here.  The target of the search was not a vehicle.  It was a tarp.  There was no assurance that a vehicle was underneath.

I am also of the opinion that since the vehicle was not running and that there was no fear of loss of evidence, it would have been a simple matter to post an officer at the location and wait for a warrant.

[Sighlass]

Alito is wrong here.  The target of the search was not a vehicle.  It was a tarp.  There was no assurance that a vehicle was underneath.

Well it has been said in media that it wasn't completely covered, it had parts visible. So it wasn't exactly rocket science after the kid (funny can find no picture of the prep that stole the cycle and fellow that bought it, then tried to get papers by falsifying info). I had a Honda Goldwing, that had a tarp cover for it, it wasn't brain surgery to know what was under it.

There, on the driveway, the officer saw a white tarpaulin covering what looked like a motorcycle. From the parts of the motorcycle that were visible, the officer determined that it was likely the same motorcycle that was involved in the earlier evasions of police and that was stolen.

Source of quote: https://verdict.justia.com/2017/10/11/us-supreme-court-considers-scope-automobile-exception

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That said, I have no informed opinion on this case to add, just wanted it stated that this was not exactly a completely hidden motorcycle that would require guesswork from the officer to id as a motorbike.

@Hoodat

[Oceander]

Alito was wrong on this one.

[Cyber Liberty]

Alito was wrong on this one.

 

[Emjay]

The ability of law enforcement to monitor, watch, & search people without first obtaining a warrant needs to be curtailed.  It is being abused on a daily basis.

I know a lot about law enforcement.  I've watched Law and Order and Blue Bloods for years.

I think part of the problem is that people don't know their rights. "Do you have a warrant?" is a simple question that a lot of folks don't know they can use.