LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
  - Texas v. Cobb
  - Maine v. Moulton
- Critical Stages - Lineups
  - United States v. Wade
  - Gilbert v. California
- Critical Stages - Questioning
- Right to Counsel
  - Gideon v. Wainwright
  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
  - Abel v. United States
  - California v. Greenwood
- Applies to Government Activities Only
- Foreign Searches
  - United States v. Verdugo-Urquidez
- Generally
- Open Fields & Curtilage
- Private Intrusions
  - Walter v. United States
  - United States v. Jacobsen
- Reasonable Expectation of Privacy
- Third Party Control
The Forth Amendment: What is a Seizure?
- Arrests-Arrest Warrants
- Arrests-Generally
  - Atwater v. City of Lago Vista
- Arrests-Premises
- Arrests-Third Party Premises
  - Pembaur v. Cincinnati
  - Steagald v. United States
- Generally
- Stops-Generally
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The Fifth Amendment
- Compelled
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  - Pennsylvania v. Muniz
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  - Illinois v. Perkins
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  - New York v. Quarles
  - Harris v. New York
- Testimonial Evidence
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Search Warrants
- Establishing P.C. in Affidavit
- Neutral and Detached Magistrate
  - Lo-Ji Sales, Inc. v. New York
  - Connelly v. Georgia
- Probable Cause - Required
  - Winston v. Lee
  - Byars v. United States
- Serving the Warrant - Knock and Announce
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- With Particularity
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- Consent
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- Inspections - Border Inspections
  - United States v. Flores-Montano
  - United States v. Ramsey
- Inspections - Parolees
  - Samson v. California
  - United States v. Knights
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- Inspections - Vehicles
- Inventories
- Search Incident to Arrest
  - United States v. Chadwick
- Search Incident to Arrest - Alcohol Test
  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
Search Warrant Exceptions - P.C. Needed
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Related Search and Seizure Issues
- Officer's Intent
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Other Cases
- Generally
Liability
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- Generally
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- Probable Cause
- Reasonable Suspicion
Fourth Amendment - Exclusionary Rule
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  - Utah v. Strieff
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  - Murray v. United States
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  - Pennsylvania Board of Probation and Parole v. Scott
  - United States v. Calandra
- Fruit of the Poisonus Tree
- Origins

Open Fields & Curtilage

Collins v. Virginia

Facts

While investigating two traffic incidents involving a motorcycle with an extended frame colored orange and black, Officer David Rhodes discovered that the motorcycle was likely stolen by Ryan Collins. On Collins’ Facebook profile, Officer Rhodes found pictures of a similar motorcycle parked in a house’s driveway. He drove to the house and parked on the street, where he could see what looked like the same motorcycle parked under a white tarp in the same spot as in the pictures. Without a warrant, Officer Rhodes walked to the top of the driveway, removed the tarp, confirmed that the motorcycle was stolen by checking the license plate and vehicle identification numbers, took a picture of the motorcycle without the tarp, covered it back up, and returned to his car to wait for Collins. When Collins arrived, Officer Rhodes arrested him.

Issue

Whether the warrantless search of the motorcycle in the curtilage of the suspect’s home was a violation of the Fourth Amendment.

Held

The warrantless search of the motorcycle in the curtilage of the suspect’s home was a violation of the Fourth Amendment. The automobile exception to the warrant requirement does not permit the warrantless entry of a home or its curtilage to search a vehicle therein. Therefore, the evidence of the stolen motorcycle should have been suppressed, and the suspect’s conviction for receiving stolen property should be overturned.

Discussion

To give full practical effect to the Fourth Amendment right to be free from unreasonable governmental intrusion into a person’s home, “curtilage,” which is the area immediately surrounding and associated with the home, is considered to be part of the home itself. When an officer physically intrudes on the curtilage to gather evidence, a Fourth Amendment search has occurred and is presumptively unreasonable absent a warrant. The automobile exception to the warrant requirement permits officers to search a vehicle without a warrant when there is probable cause, but it does not allow for the warrantless entry of a home or its curtilage to search a vehicle therein.

Citation

201 L. Ed. 2d 9, 138 S. Ct. 1663 (2018)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege