Page 93 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 93

Task: Limits on Curtilage






          Collins v. Virginia, 138 S. Ct. 1663 (2018).

          • The Automobile Exception does not permit the Warrantless Entry of


               a Home or its curtilage in order to search a vehicle therein

          • Curtilage: “the area immediately surrounding and associated with

               the home—[is considered] to be part of the home itself for Fourth

               Amendment purposes…The protection afforded the curtilage is

               essentially a protections of families and personal privacy in an area

               intimately linked to the home, both physically and psychologically

               where privacy expectations are most heightened.”


















                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                    92
   88   89   90   91   92   93   94   95   96   97   98