In Collins v. Virginia, the Supreme Court will decide whether police need a warrant to search a motor vehicle close to a person’s home. The justices will try to balance powerful Fourth Amendment pressures on both sides—the traditionally strong protection of privacy interests at a person’s home weighted against the traditionally low protection for privacy interests in automobiles.

The Fourth Amendment generally requires police to obtain a warrant before conducting a search of persons or property. The core of the Fourth Amendment protection is the home. A warrant is presumptively required for police to search a home. This protection also extends to the immediate area surrounding one’s home, known as the “curtilage.” The curtilage is considered part of the home itself for Fourth Amendment purposes. A warrantless search within the curtilage, therefore, is also presumptively unreasonable under the Fourth Amendment.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]