WASHINGTON — The Supreme Court on Tuesday extended the Constitution’s privacy protection to vehicles that are parked the driveway or carport of a home, ruling police need a search warrant first before they may inspect them.
WASHINGTON — The Supreme Court on Tuesday extended the Constitution’s privacy protection to vehicles that are parked the driveway or carport of a home, ruling police need a search warrant first before they may inspect them.
In general, police may stop and look closely at cars that are parked along public roads. They need not seek a search warrant first because the vehicle could be driven away.
But in Tuesday’s 8-1 ruling, the justices said a vehicle parked in a carport or on private property adjacent to a home deserves the privacy protection of the 4th Amendment.
The court ruled in favor of a Virginia man who objected when a police officer walked on to his property to look at a motorcyle that was hidden under a tarp. The cycle was stolen.
The justices ruled this search without a warrant was unconstitutional. “We conclude that 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,” said Justice Sonia Sotomayor in Collins vs. Virginia.
Justice Samuel A. Alito Jr. dissented, saying the search was reasonable because the officer would see the cycle from the street.
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