Collins v. Commonwealth (P)

In this case regarding the automobile exception to the Fourth Amendment, the U.S. Supreme Court held that the exception does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked inside. The Court remanded to resolve whether the warrantless intrusion may have been reasonable on a different basis.

The exclusionary rule does not apply under the facts of this case because, at the time of the search, a reasonably well-trained police officer would not have known that the automobile exception did not permit him to search a motorcycle located a few feet across the curtilage boundary of a private driveway.

Affirmed. Three justices concurred; two dissented.

Collins v. Commonwealth (P), No. 151277, Mar. 28, 2019. SCV (Kelsey) on remand from SCOTUS (Sotomayor).

Categories: Opinions, Published, Supreme Court of Virginia


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