So his entry into the curtilage must be justified on the basis of one of the four exigent circumstance exceptions, if at all. In the course of its reasoning, the Court rejected Virginia’s two proposed positions: 1) that the automobile exception could justify the warrantless search of a vehicle inside either the home or its curtilage, or 2) that it could justify the warrantless search of a vehicle inside the curtilage but not the home.53×53. Cohens v. Virginia, 19 U.S. 264, is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters when the defendant claims that their constitutional rights have been violated. Id. The photos showed the motorcycle parked in the driveway of a house in Charlottesville.17×17. From his car, he could see a motorcycle peeking out from under a white tarp and parked in the same spot as the motorcycle in the Facebook photos.20×20. Officer Rhodes tried to stop him, but Collins zipped away at a speed of over 140 miles per hour.8×8. Id. King, 563 U.S. at 470 (“Any warrantless entry based on exigent circumstances must, of course, be supported by a genuine exigency.” (citing Brigham City v. Stuart, 547 U.S. 398, 406 (2006))). Cf. 1968), Supreme Court of California, case facts, key issues, and holdings and reasonings online today. Collins petitioned the U.S. Supreme Court for a writ of certiorari, which the Court granted on September 28, 2017. The rule has been eroded by its exceptions in most contexts.2×2. Collins moved to suppress all evidence that resulted from Officer Rhodes’s warrantless search, but the trial court denied his motion and Collins was convicted.28×28. The Court held that it could not. But because Collins had taken no steps to forfeit his rights in response to the notice, the latter cannot change the calculation. A defense asserted by a criminal or civil defendant that he or she had no choice but to break the law. . Payton, 445 U.S. at 590 (“[T]he Fourth Amendment has drawn a firm line at the entrance to the house. The Circuit Court of Albemarle County (the “trial court”) found that there was probable cause for the search and denied Collins’s motion. Put simply, the loss-of-evidence exigency is inapplicable if the motorcycle’s mobility is assumed away. Instead, Virginia maintains that a lawful search must still be reasonable, justified by probable cause, and limited in scope. Recognizing that United States v. Dunn has held that a 200-acre ranch, separated from a house by 60 feet and a fence is outside the curtilage through a four-factor analysis—1) the proximity of the area claimed to be curtilage to the home; 2) whether the area is included within an enclosure surrounding the home; 3) the nature of the uses to which the area is put; and 4) the steps taken by the resident to shield the area from public observation—Collins argues that Dunn’s four-factors test is not controlling in this case.. Collins contends that Dunn’s four-factor test is a useful analytical tool but does not control all curtilage questions. Virginia counters that limiting a search based completely on curtilage would impede police investigations. After all, “the rationales underlying the automobile exception are specific to the nature of a vehicle and the ways in which [a vehicle] is distinct from a house.”52×52. Virginia argues that the motorcycle was not parked in the curtilage because the driveway did not “harbor an intimate activity associated with the sanctity of a man’s home and the privacies of life.” Virginia cautions against limiting the scope of the automobile exception, which would completely undermine the utility of the exception. Collins v. Commonwealth, 790 S.E.2d 611, 612–13 (Va. 2016). Furthermore, Virginia argues that, if there must be a limit to warrantless searches of automobiles, it is more appropriate to draw that line at the entrance to the home or an enclosed structure; establishing this Fourth Amendment boundary would prevent police from needing to administer a confusing curtilage analysis, while still protecting privacy in property. And as for the protection of the curtilage, Justice Sotomayor explained that for the purposes of Fourth Amendment jurisprudence, the Court “ha[d] long . at 613. It did not consider the applicability of the exigent circumstances exception, noting that neither the trial court nor the Commonwealth had invoked it below.34×34. Such discrimination may adversely affect commerce, thereby invoking the Commerce Clause. 2015) (discussing whether Bivens is constitutionally required). the Supreme Court continued the tradition by holding that the warrant requirement’s automobile exception could not justify an officer’s warrantless search of a vehicle parked in the immediate surroundings of a home. Id. at 617 (first citing Maryland v. Dyson, 527 U.S. 465, 466–67 (1999) (per curiam); and then citing Pennsylvania v. Labron, 518 U.S. 938, 940 (1996) (per curiam)). Collins, 790 S.E.2d at 612–13. Officer Rhodes could have called for a warrant as soon as he saw the suspicious motorcycle, without ever leaving the scene. Id. CONCLUSION Collins admitted that he had bought the motorcycle from Jones without title. She began by explaining that the case arose at the intersection of two lines of doctrine: the automobile exception and the constitutional protection of curtilage40×40. Id. If the Court allows the search in this case, Restore the Fourth warns that police, with probable cause, may conduct warrantless searches anywhere they believe there is a stolen automobile—including the home. Id. The Court had previously asserted a similar jurisdiction over civil cases involving U.S. parties. United States Supreme Court. If the lower court does the opposite, permitting entry on the basis of the loss-of-evidence exigency, it would do so in defiance of the Court’s reasoning. But that is not our law. Id. at 1671. . King's reliance upon Collins v. Streitz, 95 F.2d 430 (9th Cir. Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the house. Having established that the motorcycle was parked in the curtilage, Justice Sotomayor found this to be “an easy case”: the automobile exception could not justify entry.48×48. Citation14 U.S. 304, 4 L. Ed. Collins maintains that this area, along with the actual residence, is where privacy expectations are at their highest because a curtilage is linked inextricably to the home. Plaintiff J. Edward Day, a Washington attorney, worked as a senior partner for Defendant Sidley & Austin, a Chicago-based firm. at 1674–75. Although the Supreme Court remanded the case to see if the entry might have been justified on another basis, the receiving court cannot find the officer’s entry constitutional without contradicting the Collins reasoning. Knowing the science of studying may help you succeedStudying is an… These exigencies, according to the court, “justified both [the] entry onto the property and [the] moving [of] the tarp to view the motorcycle” underneath.32×32. Collins v. Virginia, 584 U. S. __ (2018). The officers asked Collins if he knew anything about the black and orange motorcycle. 2015). He noted that exclusion as a remedy would have bewildered the Founders,62×62. Collins denied having any knowledge of the motorcycle, and claimed that he had not driven a motorcycle in months. Taking the position that the “conception [of] the curtilage is familiar enough that it is easily understood from . Jones informed the officers that he had warned Collins that the motorcycle did not have title and was stolen. 387 (1938), and Ortman v. Streeter, 67 R.I. 325, 23 A.2d 189 (1941), is misplaced. No. The Supreme Court of Virginia’s reasoning differed from the lower courts, but it held that it could affirm Collins’s convictions based on the “right result for the wrong [or different] reason” doctrine. See William J. Stuntz, The Uneasy Relationship Between Criminal Procedure and Criminal Justice, 107 Yale L.J. The Lovings subsequently sought to have the judgment vacated, but Virginia’s courts upheld the sentence. The United States Supreme Court held yesterday in Collins v. Virginia, 584 U.S. ___ (2018) that such a search violates the Fourth Amendment. (1 Envelope). Id. In Collins v Virginia, 584 U. S. ____ (2018), the U.S. Supreme Court declined to extend the Fourth Amendment’s so-called “automobile exception.”By a vote of 8-1, the justices held that the exception, which allows certain warrantless searches of vehicles parked on public roadways, does not permit the warrantless entry of a home or its curtilage in order to search a vehicle. This limit to the exception exists because the scope of the automobile exception extends no further than the automobile itself. The Court, he argued, had exceeded its authority in Mapp v. Ohio60×60. Id. Defendant forced Plaintiff to share the chairmanship position of the Washington office after they […] at 1671. Id. at 1681. 85-1963 Argued: March 2, 1987 Decided: June 23, 1987 [ Footnote * ] Together with No. Collins v. Commonwealth, 65 Va.App. Collins argues that the inherent mobility rationale is insufficient to support this expansion of the exception by noting that the Court has refused to permit warrantless home searches for drugs, which are also easily removed, hidden, or destroyed. extends no further than the automobile itself.”51×51. “[W}hen it comes to the Fourth Amendment, the home is first among equals.”[1] Justice Sotomayor authored an important opinion in the bout between the Automobile Exception and the Curtilage Doctrine in Collins v. 2011) (“In practice, however, the Supreme Court’s preference for searches and seizures effected pursuant to a valid warrant is largely observed in the breach.”). Collins countered that, because his motorcycle was parked on private property, the automobile exception did not apply. at 622. 2012). According to the Court’s reasoning, that suspect has forfeited a constitutional right by attempting to destroy evidence. Adjunct Professor Property Law, Attorney Instructor. After scores of decisions admitting exceptions to the warrant requirement, the Court in Collins found a line it would not cross: an officer may not enter a home or its curtilage just because a suspicious vehicle is parked within. These four exigencies, along with the two other bases (warrants and consent), make up the only six circumstances in which the Fourth Amendment allows law enforcement officers to enter a home. The axiom is familiar: searches conducted without warrants are per se unconstitutional under the Fourth Amendment — “subject only to a few specifically established and well-delineated exceptions.”1×1. it could be only through a drastic weakening of the warrant requirement. But that factor cannot meaningfully change the exigency determination without evidence of a suspect’s destructive response. Collins V. Virginia 138 S. Ct. 1663 (2018) PROCEDURAL FACTS The State of Virginia (plaintiff) argued that Officer David Rhodes search of Collin’s (Defendant) automobile was legal. Id. Although no federal statute acknowledges the defense, the Supreme Court has recognized it as part of the common law. First Circuit Holds that Harvard’s Admissions Program Does Not Violate the Civil Rights Act. See, e.g., Illinois v. Rodriguez, 497 U.S. 177, 191 (1990) (Marshall, J., dissenting) (“The Court has tolerated departures from the warrant requirement only when an exigency makes a warrantless search imperative to the safety of the police and of the community.”); Payton v. New York, 445 U.S. 573, 587–88 (1980) (describing the “long-settled premise that, absent exigent circumstances, a warrantless entry to search for . the Supreme Court continued the tradition by holding that the warrant requirement’s automobile exception could not justify an officer’s warrantless search of a vehicle parked in the immediate surroundings of a home.5×5. Id. In Collins v.Virginia (Argued January 9, 2018 - Decided May 29, 2018 ), the USSC held that the scope of the automobile exception extends no further than the automobile itself; its proposed "expansion would undervalue the core Fourth Amendment protection afforded to the home and its curtilage and untether the exception from its justifications." More facts. This case, in which a police officer searched a stolen motorcycle on private property without a warrant, encapsulates a battle between two conflicting Fourth Amendment doctrines. Experts weigh in on what works and doesn’t in studying and share their best advice for figuring out what will work for you. Necessity. Collins, 138 S. Ct. at 1676–77 (Thomas, J., concurring). See Groh v. Ramirez, 540 U.S. 551, 572–73 (2004) (Thomas, J., dissenting) (describing the “plethora of exceptions to presumptive unreasonableness” and concluding that “our cases stand for the illuminating proposition that warrantless searches are per se unreasonable, except, of course, when they are not”); Sam Kamin & Ricardo J. Bascuas, Investigative Criminal Procedure 165 (1st ed. The implications are clearest by analogy. Motorcycles are sometimes modified to have extended (or “stretched”) frames, either for racing or for looks. Collins contends that the automobile exception has a limited scope, asserting that Fourth Amendment protection against curtilage searches does not disappear in the context of automobiles. . [1] The article suggested that the court’s holding that the police did not need a warrant to search a motorcycle on private property failed to clarify … Go Platinum and get 3 years of unlimited access to Quimbee and 3 years of ABA Premium membership (nearly a $1,000 value) for just $499. See how it turned out! “Surely not,” Justice Sotomayor concluded, so neither could Officer Rhodes enter the curtilage here.49×49. The case then came to the United States Supreme Court for review on a writ of certiorari. Virginia disagrees that warrantless searches leave individuals with such scanty protections. No, he may not. 367 U.S. 643 (1961). Though the Court has so far rejected recognition of exigent circumstances that fall outside of the four categories, it has not definitively held the list of exigent circumstances to be a closed set. On remand, however, the lower court cannot find the officer’s entry justified on the basis of any recognized warrant exception while remaining faithful to the Collins reasoning. . Ricardo J. Bascuas, Investigative Criminal Procedure, Constitutional Waivers by States and Criminal Defendants, https://auto.howstuffworks.com/what-does-stretching-a-sportbike-do.htm. In short, it probably cannot be disposed of on urban residential property. United States v. Virginia. Motorcycles are inherently mobile; drugs are inherently destructible. While Virginia admits that the “physical proximity” factor tilts in favor of a curtilage finding, Virginia asserts that the remaining factors weigh against the curtilage finding. And Officer Rhodes himself was in no danger, nor was anyone else — there are no indications that anyone else was even around — so the “risk of danger” exception also does not apply. Ultimately, the question in Collins was a narrow one: whether the automobile exception could serve as an independent basis for an officer’s warrantless entry into a home. Based on the exposed wheel, Rhodes recognized the motorcycle as having the same design and shape as the black and orange motorcycle from the June and July incidents. Following is the case brief for Griswold v. Connecticut, Supreme Court of the United States, (1965) Case Summary of Griswold v. Connecticut: Buxton and Griswold were the Director and Executive Director for Connecticut’s Planned Parenthood league. May 29, 1975) Brief Fact Summary. Virginia Military Institute (VMI) was the only single-sexed school in Virginia. For petitioner: Matthew A. Fitzgerald, Richmond, Va. Id. (Distributed) Jan 04 2018: Record received from the Commonwealth of Virginia in the Circuit Court of the county of Albemarle. Get People v. Collins, 438 P.2d 33 (Cal. Radio Show, Inc., 338 U.S. 912, 919 (1950) (Frankfurter, J., respecting the denial of the petition for writ of certiorari) (“[T]his Court has rigorously insisted that such a denial carries with it no implication whatever regarding the Court’s views on the merits of a case which it has declined to review.”); Erwin Chemerinsky, 2003–2004 Supreme Court Update, 2005 Utah L. Rev. Though the officers were unable to identify the motorcycle driver’s face from the photographs, the officers concluded that, based on the motorcyclist’s clothes, the same motorcyclist—likely Collins—had eluded them in both incidents. . Citation518 U.S. 515, 116 S. Ct. 2264, 135 L. Ed. Officer David Rhodes drove to Collins’s house and parked on the street. Id. In the case of Loving v. Virginia, 388 U.S. 1 (1967), the United States Supreme Court considered whether state laws prohibiting marriages on the basis of race violated the Fourteenth Amendment. The Cato Institute maintains that, if police can search an automobile on private property without a warrant, they can also conduct such a search of any other portable container. These requirements constrict the extent of warrantless searches to ensure searches are “only minimally invasive.” Furthermore, Virginia alleges that requiring a warrant to search automobiles, even cars parked in a driveway, would hamper police investigations. Collins maintains that allowing the police to search his curtilage erodes Fourth Amendment rights and eliminates an important constitutional constraint on searches. . The necessity defense has long been recognized as Common Law and has also been made part of most states' statutory law. Id. A recent article in the Virginia Criminal Justice Bulletin discussed Collins v.Virgina, a recent decision from the Virginia Supreme Court. See Cherise Threewitt, What Does Stretching a Sportbike Do?, HowStuffWorks, https://auto.howstuffworks.com/what-does-stretching-a-sportbike-do.htm [https://perma.cc/CTP9-RH6F]. But this time, the residential setting would probably have hindered Collins’s escape: in plain view of Officer Rhodes, Collins would have had to mount the motorcycle, accelerate it from a standstill, and make a series of turns at lower speeds to navigate the neighborhood roads without crashing. Collins argues that the Fourth Amendment ensures the protection of the home by protecting both the four walls of a house and its curtilage—the area immediately surrounding and associated with the home. Writing for an eight-Justice majority, Justice Sotomayor38×38. Id. In this Special Supreme Court Edition of Broadcast BLUE, Bruce-Alan Barnard analyzes the recent United States Supreme Court decision in Collins v.Virginia where the court held that the Automobile Exception applies only to the vehicle and cannot be used to justify a warrantless entry into the curtilage where the vehicle is located. The Supreme Court of Virginia turned instead to the automobile exception — a “distinct and independent exception to the warrant requirement,” even though its origins also “reflect the inherent exigency associated with the readily mobile nature of vehicles.”35×35. CitationDay v. Sidley & Austin, 394 F. Supp. Collins v. Commonwealth, 773 S.E.2d 618, 623–24 (Va. Ct. App. A video case brief of United States v. Virginia, 518 U.S. 515 (1996). In opposition to the motion, the Commonwealth of Virginia argued that, in Carroll v. United States and Maryland v. Dyson, the U.S. Supreme Court established an automobile exception to the probable cause requirement, and determined that it is lawful to search a vehicle without a warrant because automobiles are easily moved. at 616–17. The automobile exception could not create that right of access, the Court determined, because the exception’s “scope . . VMI used a highly adversarial method to train (male) leaders of the future. Last Term, in Collins v. Virginia,4×4. Argument in the case was held on January 9, 2018. at 455. Syllabus . The United States Supreme Court, in a unanimous decision, reversed the Virginia Court’s ruling and held that the Equal Protection Clause required strict scrutiny to apply to all race based classifications. Collins was convicted of receiving stolen property. at 1670–71. This post gives my take on the other case, Collins v. Virginia. Sofia Porcara 07.16.2020 M4. Katz v. United States, 389 U.S. 347, 357 (1967) (footnote omitted). 37, 773 S.E.2d 618 (2015). See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. Collins argues that, when there is actually no time for a warrant, the exigency doctrine is enough to solve the problem. 37, 773 S.E.2d 618 (2015). Collins v. Commonwealth, 65 Va. App. A stretched bike’s lower stance improves its traction, allowing more power to be directed toward forward acceleration. More facts. After running the plates from the photographs, the officers discovered that the plates had been registered to Eric Jones, but were no longer active. Virginia argues that the driveway was not within an enclosure that also surrounded the home, and that the driveway was used only to park vehicles, without any fence or gate to shield activities in the driveway from passersby. Virginia counters that even the Fifth Circuit, which Collins cites for support, upheld the warrantless search of a car parked in a defendant’s driveway based on the finding of “exigent circumstances” in United States v. Reed. at 1670 (quoting Carney, 471 U.S. at 392). Despite Collins’ denials, the officers continued the investigation. Collins, 138 S. Ct. at 1675. announced that the automobile exception does not excuse an officer’s warrantless entry into the curtilage of a home to search a vehicle.39×39. First, the officer had probable cause to believe that the motorcycle was evidence of a crime.30×30. v. VIRGINIA . Collins v. Harker Heights, 503 U. S. 115, 125 (1992). The Supreme Court of Virginia’s reasoning differed from the lower courts, but it held that it could affirm Collins’s convictions based on the “right result for the wrong [or different] reason” doctrine. If a lower court could find a “genuine” exigency on these facts,76×76. Collins v. Commonwealth, 790 S.E.2d 611, 621 (Va. 2016). Collins, 138 S. Ct. at 1668. Officer Rhodes found the house’s address that same day.18×18. She reviewed the principles underlying each. The Virginia Court of Appeals affirmed, finding the search lawful under the warrant requirement’s exigent circumstances exception.29×29. See, e.g., Carroll v. United States, 267 U.S. 132, 153–56 (1925). ecently, the United States Supreme Court heard oral arguments in Collins v. Virginia. at 1671 (citing Pennsylvania v. Labron, 518 U.S. 938, 940 (1996) (per curiam); Wyoming v. Houghton, 526 U.S. 295, 300 (1999)). . HIGHLIGHTS. Id. there is probable cause to believe that incriminating evidence will be found within”); Coolidge v. New Hampshire, 403 U.S. 443, 474–75 (1971) (“It is accepted, at least as a matter of principle, that a search or seizure carried out on a suspect’s premises without a warrant is per se unreasonable, unless the police can show that it falls within one of a carefully defined set of exceptions based on the presence of exigent circumstances.” (internal quotation marks omitted) (footnote omitted)). The police car video camera photographed the motorcycle’s license plates and driver. Collins, 138 S. Ct. at 1675. it effectively remanded so the trial court could decide whether the loss-of-evidence exigency applies. It cannot grant this characteristic, common to all automobile exception cases, dispositive constitutional weight without carving a path around the protections the Supreme Court intended to secure. Collins further claims that there are two main rationales for the automobile exception—inherent mobility and reduced expectations of privacy—neither of which, Collins argues, justifies expanding the exception to cover curtilage searches involving an automobile. Id. The Supreme Court of Virginia held that Rhodes had probable cause to search the motorcycle, and determined that the automobile exception applied, even though the vehicle was parked on private property and was not immediately mobile. Collins maintains that driveways are within the curtilage of the home because the longstanding common law history repeatedly affirmed that the house’s protections included barns, stables, and cow-houses. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.”). Collins v Virginia Ferris Bueller Contributed by Kevin Underhill (Lowering the Bar) p. 1. The Supreme Court of Virginia affirmed, relying on a different exception.33×33. But it has held strong in one: the home.3×3. The Court reversed the Virginia Supreme Court’s opposite conclusion that the automobile exception justified the warrantless entry. Question. Collins argues that the Coolidge v. New Hampshire majority rejected the view held by the Virginia Supreme Court here, and held that a search and seizure of an automobile is per se unreasonable when conducted on the defendant’s property without a warrant. The exclusionary rule requires the suppression of any evidence derived from an unconstitutional search. Officer Rhodes, who was waiting on the street in his police car when Collins arrived home, was in a prime position to do just that.75×75. Id. at 613. Additionally, the Cato Institute argues, in support of Collins, that automobiles deserve the same protections as any other container or structure located on the curtilage. There are no facts in the Collins case suggesting that anyone could have moved the motorcycle beyond reach before the police could get a warrant. at 613 & n.1. In Graham v. West Virginia, 224 U. S. 616 (1912), this Court considered the case of an apparently incorrigible horse thief who was sentenced to life imprisonment under West Virginia's recidivist statute. The Court gave three reasons for rejecting this second, less extreme proposition. Furthermore, as automobiles can be quickly moved out of a warrant’s jurisdiction, Virginia contends that requiring the police to wait for a warrant is impractical and would impede police investigations. The automobile exception ordinarily allows officers with probable cause to search a vehicle without first getting a warrant. Collins illustrates the sufficiency of the exigency doctrine by citing Missouri v. McNeely as rejecting a categorical exception to the warrant requirement for blood tests in drunk-driving cases, as well as Riley v. California as rejecting a categorical exception to the warrant requirement for cell-phone searches. COLLINS v. VIRGINIA(2018) No. Defendant was convicted of first degree murder, attempted first degree murder, and aggravated battery with a firearm. Martin v Hunter's Lessee (1816) Martin v Hunter's Lessee: Facts. But because a prior ruling extended Fourth Amendment protection to overnight guests, see Minnesota v. Olson, 495 U.S. 91, 96–100 (1990), Collins had standing to seek suppression of evidence either way, see Collins, 138 S. Ct. at 1668 n.1 (citing Olson, 495 U.S. at 96–100). at 1680. Brief Fact Summary. The Commonwealth of Virginia (“Virginia”) counters that the automobile exception to the Fourth Amendment applies in this case, and that the motorcycle’s parked location in the driveway of the home does not have a constitutional significance. Collins v. Commonwealth, 790 S.E.2d 611, 621 n.1 (Va. 2016) (Mims, J., dissenting). Collins might have had a motive to hide the motorcycle from the police, but there was no indication that he was attempting to — or was even intending to — when the officer conducted his search. While the Fourth Amendment's freedom from unreasonable searches and seizures is one of the bedrock freedoms in the Bill of Rights, there are exceptions to the warrant requirement. According to Virginia, permitting police to search an automobile without a warrant is a “flexible, common-sense exception[]” to the typical warrant requirement. Virginia contends that allowing police to search an automobile without a warrant, regardless of that automobile’s location, is an easily administrable, bright-line rule. Because there is no separate exigency requirement to the automobile exception, Virginia asserts that Officer Rhodes also did not need to wait until Collins moved the motorcycle, especially given the difficulty of pursuing Collin’s motorcycle in two previous occasions. Schechter Poultry Corp v United States (1934). v. Washington State Department of Revenue, also on appeal from the same court. Two officers working alone on two separate occasions attempted to stop the driver of a distinctive orange and black motorcycle for traffic violations. at 1670 (quoting Florida v. Jardines, 569 U.S. 1, 6 (2013)). The Court of Appeals Virginia affirmed. … If putting Collins on notice that police are looking for his motorcycle could meaningfully change the exigency determination, so too must putting occupants on notice that police are looking for drugs. Rather, CLDEF contends that requiring police to obtain a warrant in such situations is important because it forces the police to provide specific grounds for their intended search, thus preemptively limiting the search’s scope and preventing the police from justifying the extent of a search after it occurs. Consequently, waiting for a warrant to search an automobile is impractical, and would force police to forgo opportunities to conduct searches. Virginia argues that, because police officers may be unable to predict when probable cause will arise, waiting for a warrant would interrupt police work. at 1668–69. And neither a federal statute nor a principle of federal common law had given the Court authority to impose the rule on the states.65×65. Collins alleged that the evidence should be suppressed because Rhodes violated his Fourth Amendment rights by trespassing onto his property without probable cause or a warrant.
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