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SUPREME COURT OF THE UNITED STATES
_________________
No. 16–1027
_________________
RYAN AUSTIN COLLINS, PETITIONER
v. VIRGINIA
on writ of certiorari to the supreme court of virginia
[May 29, 2018]
Justice Sotomayor delivered the opinion of the Court.
This case presents the question whether the automobile exception
to the Fourth Amendment permits a police officer, uninvited and
without a warrant, to enter the curtilage of a home in order to
search a vehicle parked therein. It does not.
I
Officer Matthew McCall of the Albemarle County Police Department
in Virginia saw the driver of an orange and black motorcycle with
an extended frame commit a traffic infraction. The driver eluded
Officer McCall’s attempt to stop the motorcycle. A few weeks later,
Officer David Rhodes of the same department saw an orange and black
motorcycle traveling well over the speed limit, but the driver got
away from him, too. The officers compared notes and concluded that
the two incidents involved the same motorcyclist.
Upon further investigation, the officers learned that the
motorcycle likely was stolen and in the possession of petitioner
Ryan Collins. After discovering photographs on Collins’ Facebook
profile that featured an orange and black motorcycle parked at the
top of the driveway of a house, Officer Rhodes tracked down the
address of the house, drove there, and parked on the street. It was
later established that Collins’ girlfriend lived in the house and
that Collins stayed there a few nights per week.[
1]
From his parked position on the street, Officer Rhodes saw what
appeared to be a motorcycle with an extended frame covered with a
white tarp, parked at the same angle and in the same location on
the driveway as in the Facebook photograph. Officer Rhodes, who did
not have a warrant, exited his car and walked toward the house. He
stopped to take a photograph of the covered motorcycle from the
sidewalk, and then walked onto the residential property and up to
the top of the driveway to where the motorcycle was parked. In
order “to investigate further,” App. 80, Officer Rhodes pulled off
the tarp, revealing a motorcycle that looked like the one from the
speeding incident. He then ran a search of the license plate and
vehicle identification numbers, which confirmed that the motorcycle
was stolen. After gathering this information, Officer Rhodes took a
photograph of the uncovered motorcycle, put the tarp back on, left
the property, and returned to his car to wait for Collins.
Shortly thereafter, Collins returned home. Officer Rhodes walked
up to the front door of the house and knocked. Collins answered,
agreed to speak with Officer Rhodes, and admitted that the
motorcycle was his and that he had bought it without title. Officer
Rhodes then arrested Collins.
Collins was indicted by a Virginia grand jury for receiving
stolen property. He filed a pretrial motion to suppress the
evidence that Officer Rhodes had obtained as a result of the
warrantless search of the motorcycle. Collins argued that Officer
Rhodes had trespassed on the curtilage of the house to conduct an
investigation in violation of the Fourth Amendment. The trial court
denied the motion and Collins was convicted.
The Court of Appeals of Virginia affirmed. It assumed that the
motorcycle was parked in the curtilage of the home and held that
Officer Rhodes had probable cause to believe that the motorcycle
under the tarp was the same motorcycle that had evaded him in the
past. It further concluded that Officer Rhodes’ actions were lawful
under the Fourth Amendment even absent a warrant because “numerous
exigencies justified both his entry onto the property and his
moving the tarp to view the motorcycle and record its
identification number.” 65 Va. App. 37, 46, 773 S. E. 2d 618,
623 (2015).
The Supreme Court of Virginia affirmed on different reasoning.
It explained that the case was most properly resolved with
reference to the Fourth Amendment’s automobile exception. 292 Va.
486, 496–501, 790 S. E. 2d 611, 616–618 (2016). Under that
framework, it held that Officer Rhodes had probable cause to
believe that the motorcycle was contraband, and that the
warrantless search therefore was justified.
Id., at 498–499,
790 S. E. 2d, at 617.
We granted certiorari, 582 U. S. ___ (2017), and now
reverse.
II
The Fourth Amendment provides in relevant part that the “right
of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated.” This case arises at the intersection of two components
of the Court’s Fourth Amendment jurisprudence: the automobile
exception to the warrant requirement and the protection extended to
the curtilage of a home.
A
1
The Court has held that the search of an automobile can be
reasonable without a warrant. The Court first articulated the
so-called automobile exception in
Carroll v.
United
States,267 U. S. 132 (1925). In that case, law enforcement
officers had probable cause to believe that a car they observed
traveling on the road contained illegal liquor. They stopped and
searched the car, discovered and seized the illegal liquor, and
arrested the occupants.
Id., at 134–136. The Court upheld
the warrantless search and seizure, explaining that a “necessary
difference” exists between searching “a store, dwelling house or
other structure” and searching “a ship, motor boat, wagon or
automobile” because a “vehicle can be quickly moved out of the
locality or jurisdiction in which the warrant must be sought.”
Id., at 153.
The “ready mobility” of vehicles served as the core
justification for the automobile exception for many years.
California v.
Carney,471 U. S. 386, 390 (1985)
(citing,
e.g., Cooper v.
California,386 U. S.
58, 59 (1967);
Chambers v.
Maroney,399 U. S. 42,
51–52 (1970)). Later cases then introduced an additional rationale
based on “the pervasive regulation of vehicles capable of traveling
on the public highways.”
Carney, 471 U. S., at 392. As
the Court explained in
South Dakota v.
Opperman,428
U. S. 364 (1976):
“Automobiles, unlike homes, are subjected to pervasive and
continuing governmental regulation and controls, including periodic
inspection and licensing requirements. As an everyday occurrence,
police stop and examine vehicles when license plates or inspection
stickers have expired, or if other violations, such as exhaust
fumes or excessive noise, are noted, or if headlights or other
safety equipment are not in proper working order.”
Id., at
368.
In announcing each of these two justifications, the Court took
care to emphasize that the rationales applied only to automobiles
and not to houses, and therefore supported “treating automobiles
differently from houses” as a constitutional matter.
Cady v.
Dombrowski,413 U. S. 433, 441 (1973).
When these justifications for the automobile exception “come
into play,” officers may search an automobile without having
obtained a warrant so long as they have probable cause to do so.
Carney, 471 U. S., at 392–393.
2
Like the automobile exception, the Fourth Amendment’s protection
of curtilage has long been black letter law. “[W]hen it comes to
the Fourth Amendment, the home is first among equals.”
Florida v.
Jardines,569 U. S. 1, 6 (2013). “At
the Amendment’s ‘very core’ stands ‘the right of a man to retreat
into his own home and there be free from unreasonable governmental
intrusion.’ ”
Ibid. (quoting
Silverman v.
United States,365 U. S. 505, 511 (1961)). To give full
practical effect to that right, the Court considers curtilage—“the
area ‘immediately surrounding and associated with the
home’ ”—to be “ ‘part of the home itself for Fourth
Amendment purposes.’ ”
Jardines, 569 U. S., at 6
(quoting
Oliver v.
United States,466 U. S. 170,
180 (1984)). “The protection afforded the curtilage is essentially
a protection of families and personal privacy in an area intimately
linked to the home, both physically and psychologically, where
privacy expectations are most heightened.”
California v.
Ciraolo,476 U. S. 207, 212–213 (1986).
When a law enforcement officer physically intrudes on the
curtilage to gather evidence, a search within the meaning of the
Fourth Amendment has occurred.
Jardines, 569 U. S., at
11. Such conduct thus is presumptively unreasonable absent a
warrant.
B
1
With this background in mind, we turn to the application of
these doctrines in the instant case. As an initial matter, we
decide whether the part of the driveway where Collins’ motorcycle
was parked and subsequently searched is curtilage.
According to photographs in the record, the driveway runs
alongside the front lawn and up a few yards past the front
perimeter of the house. The top portion of the driveway that sits
behind the front perimeter of the house is enclosed on two sides by
a brick wall about the height of a car and on a third side by the
house. A side door provides direct access between this partially
enclosed section of the driveway and the house. A visitor
endeavoring to reach the front door of the house would have to walk
partway up the driveway, but would turn off before entering the
enclosure and instead proceed up a set of steps leading to the
front porch. When Officer Rhodes searched the motorcycle, it was
parked inside this partially enclosed top portion of the driveway
that abuts the house.
The “ ‘conception defining the curtilage’ is
. . . familiar enough that it is ‘easily understood from
our daily experience.’ ”
Jardines, 569 U. S., at 7
(quoting
Oliver, 466 U. S., at 182, n. 12). Just
like the front porch, side garden, or area “outside the front
window,”
Jardines, 569 U. S., at 6, the driveway
enclosure where Officer Rhodes searched the motorcycle constitutes
“an area adjacent to the home and ‘to which the activity of home
life extends,’ ” and so is properly considered curtilage,
id., at 7 (quoting
Oliver, 466 U. S., at 182,
n. 12).
2
In physically intruding on the curtilage of Collins’ home to
search the motorcycle, Officer Rhodes not only invaded Collins’
Fourth Amendment interest in the item searched,
i.e., the
motorcycle, but also invaded Collins’ Fourth Amendment interest in
the curtilage of his home. The question before the Court is whether
the automobile exception justifies the invasion of the
curtilage.[
2] The answer is no.
Applying the relevant legal principles to a slightly different
factual scenario confirms that this is an easy case. Imagine a
motorcycle parked inside the living room of a house, visible
through a window to a passerby on the street. Imagine further that
an officer has probable cause to believe that the motorcycle was
involved in a traffic infraction. Can the officer, acting without a
warrant, enter the house to search the motorcycle and confirm
whether it is the right one? Surely not.
The reason is that the scope of the automobile exception extends
no further than the automobile itself. See,
e.g.,
Pennsylvania v.
Labron,518 U. S. 938, 940 (1996)
(
per curiam) (explaining that the automobile exception
“permits police to search the vehicle”);
Wyoming v.
Houghton,526 U. S. 295, 300 (1999) (“[T]he Framers
would have regarded as reasonable (if there was probable cause) the
warrantless search of containers
within an automobile”).
Virginia asks the Court to expand the scope of the automobile
exception to permit police to invade any space outside an
automobile even if the Fourth Amendment protects that space.
Nothing in our case law, however, suggests that the automobile
exception gives an officer the right to enter a home or its
curtilage to access a vehicle without a warrant. Expanding the
scope of the automobile exception in this way would both undervalue
the core Fourth Amendment protection afforded to the home and its
curtilage and “ ‘untether’ ” the automobile exception
“ ‘from the justifications underlying’ ” it.
Riley
v.
California, 573 U. S. ___, ___ (2014) (slip op., at
10) (quoting
Arizona v.
Gant,556 U. S. 332, 343
(2009)).
The Court already has declined to expand the scope of other
exceptions to the warrant requirement to permit warrantless entry
into the home. The reasoning behind those decisions applies equally
well in this context. For instance, under the plain-view doctrine,
“any valid warrantless seizure of incriminating evidence” requires
that the officer “have a lawful right of access to the object
itself.”
Horton v.
California,496 U. S. 128,
136–137 (1990); see also
id., at 137, n. 7
(“ ‘[E]ven where the object is contraband, this Court has
repeatedly stated and enforced the basic rule that the police may
not enter and make a warrantless seizure’ ”);
G. M. Leasing
Corp. v.
United States,429 U. S. 338, 354 (1977)
(“It is one thing to seize without a warrant property resting in an
open area . . . , and it is quite another thing to effect
a warrantless seizure of property . . . situated on
private premises to which access is not otherwise available for the
seizing officer”). A plain-view seizure thus cannot be justified if
it is effectuated “by unlawful trespass.”
Soldal v.
Cook
County,506 U. S. 56, 66 (1992). Had Officer Rhodes seen
illegal drugs through the window of Collins’ house, for example,
assuming no other warrant exception applied, he could not have
entered the house to seize them without first obtaining a
warrant.
Similarly, it is a “settled rule that warrantless arrests in
public places are valid,” but, absent another exception such as
exigent circumstances, officers may not enter a home to make an
arrest without a warrant, even when they have probable cause.
Payton v.
New York,445 U. S. 573, 587–590
(1980). That is because being “ ‘arrested in the home involves
not only the invasion attendant to all arrests but also an invasion
of the sanctity of the home.’ ”
Id., at 588–589
(quoting
United States v.
Reed, 572 F. 2d 412,
423 (CA2 1978)). Likewise, searching a vehicle parked in the
curtilage involves not only the invasion of the Fourth Amendment
interest in the vehicle but also an invasion of the sanctity of the
curtilage.
Just as an officer must have a lawful right of access to any
contraband he discovers in plain view in order to seize it without
a warrant, and just as an officer must have a lawful right of
access in order to arrest a person in his home, so, too, an officer
must have a lawful right of access to a vehicle in order to search
it pursuant to the automobile exception. The automobile exception
does not afford the necessary lawful right of access to search a
vehicle parked within a home or its curtilage because it does not
justify an intrusion on a person’s separate and substantial Fourth
Amendment interest in his home and curtilage.
As noted, the rationales underlying the automobile exception are
specific to the nature of a vehicle and the ways in which it is
distinct from a house. See Part II–A–1,
supra. The
rationales thus take account only of the balance between the
intrusion on an individual’s Fourth Amendment interest in his
vehicle and the governmental interests in an expedient search of
that vehicle; they do not account for the distinct privacy interest
in one’s home or curtilage. To allow an officer to rely on the
automobile exception to gain entry into a house or its curtilage
for the purpose of conducting a vehicle search would unmoor the
exception from its justifications, render hollow the core Fourth
Amendment protection the Constitution extends to the house and its
curtilage, and transform what was meant to be an exception into a
tool with far broader application. Indeed, its name alone should
make all this clear enough: It is, after all, an exception for
automobiles.[
3]
Given the centrality of the Fourth Amendment interest in the
home and its curtilage and the disconnect between that interest and
the justifications behind the automobile exception, we decline
Virginia’s invitation to extend the automobile exception to permit
a warrantless intrusion on a home or its curtilage.
III
A
Virginia argues that this Court’s precedent indicates that the
automobile exception is a categorical one that permits the
warrantless search of a vehicle anytime, anywhere, including in a
home or curtilage. Specifically, Virginia points to two decisions
that it contends resolve this case in its favor. Neither is
dispositive or persuasive.
First, Virginia invokes
Scher v.
United States,305
U. S. 251 (1938). In that case, federal officers received a
confidential tip that a particular car would be transporting
bootleg liquor at a specified time and place. The officers
identified and followed the car until the driver “turned into a
garage a few feet back of his residence and within the curtilage.”
Id., at 253. As the driver exited his car, an officer
approached and stated that he had been informed that the car was
carrying contraband. The driver acknowledged that there was liquor
in the trunk, and the officer proceeded to open the trunk, find the
liquor, arrest the driver, and seize both the car and the liquor.
Id., at 253–254. Although the officer did not have a search
warrant, the Court upheld the officer’s actions as reasonable.
Id., at 255.
Scher is inapposite. Whereas Collins’ motorcycle was
parked and unattended when Officer Rhodes intruded on the curtilage
to search it, the officers in
Scher first encountered the
vehicle when it was being driven on public streets, approached the
curtilage of the home only when the driver turned into the garage,
and searched the vehicle only after the driver admitted that it
contained contraband.
Scher by no means established a
general rule that the automobile exception permits officers to
enter a home or its curtilage absent a warrant. The Court’s brief
analysis referenced
Carroll, but only in the context of
observing that, consistent with that case, the “officers properly
could have stopped” and searched the car “just before [petitioner]
entered the garage,” a proposition the petitioner did “not
seriously controvert.”
Scher, 305 U. S., at 254–255.
The Court then explained that the officers did not lose their
ability to stop and search the car when it entered “the open garage
closely followed by the observing officer” because “[n]o search was
made of the garage.”
Id., at 255. It emphasized that
“[e]xamination of the automobile accompanied an arrest, without
objection and upon admission of probable guilt,” and cited two
search-incident-to-arrest cases.
Ibid. (citing
Agnello v.
United States,269 U. S. 20, 30
(1925);
Wisniewski v.
United States, 47 F. 2d
825, 826 (CA6 1931)).
Scher’s reasoning thus was both case
specific and imprecise, sounding in multiple doctrines,
particularly, and perhaps most appropriately, hot pursuit. The
decision is best regarded as a factbound one, and it certainly does
not control this case.
Second, Virginia points to
Labron,518 U. S. 938,
where the Court upheld under the automobile exception the
warrantless search of an individual’s pickup truck that was parked
in the driveway of his father-in-law’s farmhouse.
Id., at
939–940;
Commonwealth v.
Kilgore, 544 Pa. 439, 444,
677 A.2d
311, 313 (1995). But
Labron provides scant support for
Virginia’s position. Unlike in this case, there was no indication
that the individual who owned the truck in
Labron had any
Fourth Amendment interest in the farmhouse or its driveway, nor was
there a determination that the driveway was curtilage.
B
Alternatively, Virginia urges the Court to adopt a more limited
rule regarding the intersection of the automobile exception and the
protection afforded to curtilage. Virginia would prefer that the
Court draw a bright line and hold that the automobile exception
does not permit warrantless entry into “the physical threshold of a
house or a similar fixed, enclosed structure inside the curtilage
like a garage.” Brief for Respondent 46. Requiring officers to make
“case-by-case curtilage determinations,” Virginia reasons,
unnecessarily complicates matters and “raises the potential for
confusion and . . . error.”
Id., at 46–47
(internal quotation marks omitted).
The Court, though, has long been clear that curtilage is
afforded constitutional protection. See
Oliver, 466
U. S., at 180. As a result, officers regularly assess whether
an area is curtilage before executing a search. Virginia provides
no reason to conclude that this practice has proved to be
unadministrable, either generally or in this context. Moreover,
creating a carveout to the general rule that curtilage receives
Fourth Amendment protection, such that certain types of curtilage
would receive Fourth Amendment protection only for some purposes
but not for others, seems far more likely to create confusion than
does uniform application of the Court’s doctrine.
In addition, Virginia’s proposed rule rests on a mistaken
premise about the constitutional significance of visibility. The
ability to observe inside curtilage from a lawful vantage point is
not the same as the right to enter curtilage without a warrant for
the purpose of conducting a search to obtain information not
otherwise accessible. Cf.
Cir- aolo, 476 U. S., at
213–214 (holding that “physically non- intrusive” warrantless
aerial observation of the curtilage of a home did not violate the
Fourth Amendment, and could form the basis for probable cause to
support a warrant to search the curtilage). So long as it is
curtilage, a parking patio or carport into which an officer can see
from the street is no less entitled to protection from trespass and
a warrantless search than a fully enclosed garage.
Finally, Virginia’s proposed bright-line rule automatically
would grant constitutional rights to those persons with the
financial means to afford residences with garages in which to store
their vehicles but deprive those persons without such resources of
any individualized consideration as to whether the areas in which
they store their vehicles qualify as curtilage. See
United
States v.
Ross,456 U. S. 798, 822 (1982) (“[T]he
most frail cottage in the kingdom is absolutely entitled to the
same guarantees of privacy as the most majestic mansion”).
IV
For the foregoing reasons, we conclude that the automobile
exception does not permit an officer without a warrant to enter a
home or its curtilage in order to search a vehicle therein. We
leave for resolution on remand whether Officer Rhodes’ warrantless
intrusion on the curtilage of Collins’ house may have been
reasonable on a different basis, such as the exigent circumstances
exception to the warrant requirement. The judgment of the Supreme
Court of Virginia is therefore reversed, and the case is remanded
for further proceedings not inconsistent with this opinion.
It is so ordered.
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