May 302018
 May 30, 2018  Posted by  Court, Featured News, Surveillance, U.S.

Amy Howe writes:

When two Virginia police officers searched for the motorcyclist who had eluded them by driving away at speeds of up to 140 miles per hour, they probably would not have imagined that the case would end up at the U.S. Supreme Court. But that’s exactly what happened, and today the justices ruled that the officers violated the Fourth Amendment when they went to the motorcyclist’s home and found the distinctive orange-and-black Suzuki motorcycle that they’d been looking for under a tarp in the driveway.

The Fourth Amendment normally requires police to have a warrant to conduct a search. But one exception to that general rule, known as the “automobile exception,” was at the heart of this case: It allows police to search a car without a warrant if the car is “readily mobile” and they have probable cause to believe that it contains evidence of a crime. But the justices today ruled that the exception does not justify an intrusion on the “curtilage” of a home – the area immediately surrounding the house, where residents expect privacy.

Read more on ScotusBlog.

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