SCOTUSblog Kate Howard Petitions Posted Mon, May 1st, 2017 Link:
http://www.scotusblog.com/2017/05/petition-of-the-day-1151/Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house.
Amicus Brief filed by: William J. Olson, P.C on 3/27/2017 Link:
http://lawandfreedom.com/wordpress/collins-v-commonwealth-of-virginia/Today we filed an amicus brief urging the U.S. Supreme Court to review a deeply flawed decision of the Virginia Supreme Court involving the Fourth Amendment. The cased involved different ways that courts evaluate the constitutionality of searches and seizures. The search in this case was of a motorcycle under a tarp located what is known as the “curtilage” of a home, or the area immediately surrounding it. Under the deeply flawed rule the Virginia Supreme Court applied, the Fourth Amendment has no bearing at all whenever an automobile or anything that resembles an automobile is being searched, irrespective of where the automobile is located.
The government argued that the atextual exception to the Fourth Amendment known as the automobile exception applied, and the Virginia Supreme Court agreed. We argue that the Virginia Supreme Court should have applied the rule of Jones v. United States and Florida v. Jardines.
