Ep. #282: Can you tow a suspect's vehicle from inside the garage?

📌 The home is the most protected area of the Fourth Amendment. The space around the home, called curtilage, is also offered this high level of protection.

Whenever you run into a curtilage issue, the first question is whether or not the space is actually curtilage. If not, the area is considered an open-field and not protected by the Fourth Amendment.

If a space is deemed curtilage, then the question becomes whether the area may be used by “uninvited guests” to make contact with an occupant. Florida v. Jardines, 133 S. Ct. 1409 (2013). Usually, this area is the pathway up to the front door.

📌 Case Example

Automobile exception doesn’t apply when vehicle parked inside curtilage:

Warrant required when vehicle is parked under carport next to home. Collins v. Virginia, 138 S. Ct. 1663 (2018).

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