PDA

View Full Version : Supreme Court rules police need warrant to search vehicle on private property




Swordsmyth
05-29-2018, 03:02 PM
The Supreme Court ruled Tuesday that police generally cannot enter private property to search a motor vehicle without first obtaining a warrant.The 8-1 decision overruling three lower courts was written by Justice Sonia Sotomayor. Justice Samuel Alito dissented, calling a Virginia police officer's actions reasonable when he walked up a private driveway to confirm that a motorcycle had been stolen.
The stolen motorcycle had outrun two different police officers from the same Virginia department in 2013. So when Officer David Rhodes examined what he suspected was the same motorcycle under a tarp in a driveway, he waited patiently for Ryan Collins to come home, then placed him under arrest.
The high court ruled that same year that police need a warrant to search outside a private home (https://www.usatoday.com/story/news/2013/03/26/supreme-court-dog-sniffing-drug-case/2020743/). But automobiles are exempt from most Fourth Amendment privacy protections if a crime is suspected, because they can be moved quickly and are highly regulated. In Collins' case, those two precedents collided.
Sotomayor and seven colleagues resolved the collision in favor of privacy.
"The automobile exception does not permit an officer without a warrant to enter a home or its curtilage in order to search a vehicle therein," Sotomayor ruled. "The scope of the automobile exception extends no further than the automobile itself."

More at: https://www.usatoday.com/story/news/politics/2018/05/29/supreme-court-upholds-privacy-rights-stolen-motorcycle/650958002/?utm_source=feedblitz&utm_medium=FeedBlitzRss&utm_campaign=usatoday-newstopstories

Matt Collins
05-29-2018, 06:53 PM
They get something right every once in a while!

Brian4Liberty
05-29-2018, 06:56 PM
The 8-1 decision overruling three lower courts

That is not good. Three lower courts couldn't get it right. What is their excuse?

Swordsmyth
05-29-2018, 06:57 PM
That is not good. Three lower courts couldn't get it right. What is their excuse?

Bad precedent:


The high court ruled that same year that police need a warrant to search outside a private home (https://www.usatoday.com/story/news/2013/03/26/supreme-court-dog-sniffing-drug-case/2020743/). But automobiles are exempt from most Fourth Amendment privacy protections if a crime is suspected, because they can be moved quickly and are highly regulated. In Collins' case, those two precedents collided.

phill4paul
05-29-2018, 07:49 PM
Lol. This is a nothing ruling.