Page 162 - Original 2020 Legal Guide By Jack Ryan

Task: Motor Vehicle Exception-Residential Property

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

• The Automobile Exception (probable cause) does not permit the

Warrantless Entry of a Home or its curtilage in order to search a

vehicle therein.

• Thus, if no other exception applies, officers must obtain a search

warrant to enter the property before conducting a search of the

vehicle.

• 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.”

©2020 Jack Ryan Legal & Liability Risk Management Institute 161