Great New Search and Seizure Case from US Supreme Court

A recent US Supreme Court ruling has the potential to affect many people who have had vehicles searched by law enforcement, including at least one client of Skier & Associates. The Court in Collins v. Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile without a warrant) does not apply to a vehicle parked next to a home, and that police are required to obtain a warrant before they can search the vehicle. The facts of Collins were that police approached Collins’ home and lifted a tarp off of a motorcycle leaned up against his house in order to obtain the VIN from the vehicle. As a result, Collins was arrested for Receiving Stolen Property. The Court, in an 8-1 decision, held that this search was in violation of the 4th Amendment’s prohibition on unreasonable searches. Their reasoning was that the same expectation of privacy extends to vehicles parked near a house as applies to items within…

Read more detail on Recent Family Law posts –

This entry was posted in Family Law and tagged , , , , , . Bookmark the permalink.

Leave a Reply