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Car in driveway not per se subject to search; PC always required

By John Wesley Hall, Jr.

Defendant's car parked in his driveway could not be searched because there was no probable cause, citing, inter alia, Coolidge. United States v. Smith, 2008 U.S. Dist. LEXIS 7486 (D. Mass. February 1, 2008): At least five Circuit Courts have held that the motor vehicle exception applies even when a car is parked on a private driveway. See, e.g., United States v. Hines, 449 F.3d 808 (7th Cir. 2006); United States v. Brookins, 345 F.3d 231 (4th Cir. 2003); United States v. Fladten, 230 F.3d 1083 (8th Cir. 2000); United States v. Markham, 844 F.2d 366, 368 (6th Cir. 1988); United States v. Hamilton, 792 F.2d 837, 843 (9th Cir. 1986). The Fourth Circuit has suggested, however, that "heightened privacy interests may be triggered when a vehicle is encountered on private property", Brookins, 345 F...continue to full post

Full post as published by Fourth Amendment on February 05, 2008 (boomark / email).