Supreme Court limits warrantless vehicle searches near homes

Criminal Law News

The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.

The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.

The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.

The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.

The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.

Collins argued that police improperly entered private property uninvited and without a warrant.

Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.

Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.

Dutch court says time ripe for law to recognize 3rd gender

A court in the Netherlands says that lawmakers should recognize a neutral, third gender, in a groundbreaking ruling for a person who does not identify as male or female.

The court in the southern city of Roermond said Monday that the person's gender could not be definitively determined at birth. The person was registered as male but later had treatment to become a woman and successfully applied to have her gender officially changed to female.

However the applicant later sought to be listed as a "third gender" — neither male nor female.

The court said in a statement that "the time is ripe for recognition of a third gender," adding that "it is now up to lawmakers."

Transgender activists hailed the ruling as a revolutionary step in Dutch law.

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