I haven’t had much time to post lately, but a substantial Supreme Court ruling this week demands a post. The Court ruled, by an 8-1 margin, that police searches that take place in the driveway of a home also require a warrant. Essentially, the court ruled that the curtilage of a home, that is, the immediate area surrounding the home, has similar protection to the home itself. In this case out of Virginia, an officer suspected that a stolen motorcycle could have been been stolen, and took it upon himself to peek under the cover. The Court found that the search was illegal because the officer did not obtain a warrant first.
Ultimately, this may not prove to be the most influential ruling… how many searches take place in a home’s driveway? Will this extend to the parking spot of an apartment complex? (I think so.) This ruling is not a great surprise, as the Supreme Court in the last few years has been very clear on the Constitutional protections for privacy against searches, particularly in relation to the home. And this will not hamstring law enforcement too much: cases like this one would present plenty of evidence to obtain a warrant.