Is a police officer, without a warrant and uninvited, authorized under the Fourth Amendment to conduct a search of a vehicle parked near a residence?
This is the issue the United States Supreme Court will decide next year in the case of Collins v. Virginia. I have a case in the Middle District of Alabama with very similar facts so I, along with others, will be watching this Supreme Court case very closely.
There are different rules for searches of homes and residences from searches of vehicles, as the Court has said that there are differing expectations of privacy. Which standard will the Court apply? Of course we hope that they find that the Fourth Amendment protects those near a home just as it does those inside.
Oral arguments are set for Jan. 9, 2018 and a decision will render in the weeks following that.
If you or a loved one has been accused of a crime involving a police search, consult an experienced, knowledgeable lawyer as soon as possible and find out if your rights under the US Constitution have been violated.