- By: greg.mermelstein
- On: 07/31/2018 15:40:05
- In:Supreme Court Summaries
The Fourth Amendment prohibits police from entering the curtilage of a home to search a vehicle without a warrant, the U.S. Supreme Court held May 29 in Collins v. Virginia.
The Court rejected the claim that the “automobile exception” justified such a search.
Facts
Police were investigating Ryan Collins for possession of a stolen motorcycle. They went to his girlfriend's house, where Collins stayed a few nights per week, and saw a motorcycle up the driveway and under a tarp.
Acting without a search warrant, police walked up the driveway, pulled off the tarp, and confirmed the motorcycle was stolen. They then arrested Collins for receiving stolen property.
Collins moved to suppress. He contended the search of the motorcycle violated the Fourth Amendment because police had trespassed on the curtilage of the house to conduct their investigation without a warrant.
The Virginia courts ultimately denied suppression on grounds that the warrantless search was justified under the “automobile exception,” because police had probable cause to believe the motorcycle was stolen.
Automobile exception not apply
The Supreme Court, in an 8-1 opinion, reversed.
The “automobile exception” does not justify the invasion of the house's curtilage, the Court ruled. This was an “easy case” by imagining slightly different facts.
“Imagine a motorcycle parked inside the living room of a house, visible through a window to the passerby on the street?” the Court said. “Can the officer, acting without a warrant, enter the house to search the motorcycle and confirm whether it is the right one? Surely not.”
“[T]he scope of the automobile exception extends no further than the automobile itself,” the Court said. “Nothing in our case law, however, suggests that the automobile exception gives an officer the right to enter a home or its curtilage to access a vehicle without a warrant.”
The Court noted that it had already refused to expand other Fourth Amendment exceptions to permit warrantless entry into a home. For example, the plain view exception does not permit warrantless trespass into a home. And police need a warrant to arrest someone in a home, even when they have probable cause.
Justice Thomas says exclusionary should not be required
Justice Thomas concurred. He agreed that the search violated the Fourth Amendment, but wrote separately to say that the Court did not have the authority to impose the exclusionary rule on the States.
When the Fourth Amendment was adopted, the remedy for unconstitutional searches and seizures was tort suits, he said. The exclusionary rule did not arise until the twentieth century, and is not constitutionally required.
He urged the Court to revisit whether the exclusionary rule is mandatory on the States.
Dissenting opinion
Justice Alito dissented. He said Fourth Amendment prohibits only “unreasonable” searches, and “[w]hat the police did in this case was entirely reasonable.”
He said that whether a search is reasonable turns on the degree on the intrusion of privacy.
“[C]ontrary to the opinion of the Court, an affirmance in this case would not mean that officers could perform a warrantless search if a motorcycle were located inside a house,” he said. “In that situation, the intrusion on privacy would be far greater than in the present case, where the real effect, if any, is negligible.”
©2011 Brian S. Batterton, Attorney, Legal & Liability Risk Management Institute (LLRMI.COM) United States v. Basher (9th Cir. Decided January 20, 2011)
When law enforcement officers think of the concept of “curtilage” and its application to the Fourth Amendment, houses, yards, and the “open fields” exception to search warrant requirement often come to mind. However, the Fourth Amendment also applies to tents, just as it does other residences.[i] In light of the fact that a person has Fourth Amendment protection in his or her tent, the next issue would be whether they have Fourth Amendment protection in the area immediately surrounding the tent (the area that would be considered “curtilage” if the tent were a house). On January 20, 2011, the Ninth Circuit Court of Appeals decided the United States v. Basher [ii], which addressed this issue.
The facts of Basher, taken directly from the case, are as follows:
On the night of September 1, 2007, campers on National Forest Service land in Yakima County, Washington heard intermittent gunfire over the course of two hours coming from a “dispersed” or undeveloped campsite on the bank of the South Fork River. Campers also observed a campfire at the same location, although a burn ban was in effect. Among the campers who heard the gunfire were two off-duty law enforcement officers.
The topography surrounding the dispersed campsite, including a rock wall, caused an echo phenomenon that distorted the report of the firearm, so the officers could not tell what kind of weapon was being discharged. While the echo phenomenon distorted the report of the firearm, it did not seem to affect the campers’ ability to locate the source of the firing. Campers and one of the officers identified the dis-persed campsite as the source of the firing.
The two off-duty officers—Yakima County Sheriff’s Deputy Dan Cypher 1 and Forest Service Officer Blair Bickel—checked into duty the following morning and each traveled toward the dispersed campsite to investigate. Officer Bickel arrived first and contacted Deputy Cypher by radio, informing him that he wished to investigate the occurrences at the camp site. Deputy Cypher was en route, and arrived immediately after the radio communication.
Upon arriving, Deputy Cypher parked his vehicle nose to nose with Basher’s truck. While Deputy Cypher later testified that this would block the vehicle’s exit, Officer Bickel testi-fied that there was sufficient room to drive around the police vehicle. Deputy Cypher emitted a few short bursts from his vehicle’s siren.
Deputy Cypher noticed that the driver’s side window of Basher’s truck was rolled down, and that a box of shotgun shells was lying in plain view on the driver’s seat. He also noted that the box was open and half-empty. Deputy Cypher pointed out the box of shotgun shells to Officer Bickel.
The officers also observed the fire ring as they approached the tent. Officer Cypher testified that in addition to the rocks typically placed around the edge of a fire ring, this fire ring had additional rocks stacked on top, creating a cone of rocks that could inhibit observation of the fire. Deputy Cypher testified that he saw smoke rising from the fire ring, and that the contents appeared to be smoldering. Officer Bickel remembered seeing ashes that were consistent with a recent fire, but could not recall seeing smoke.