Question
In its 2017-2018 term, the Supreme Court heard two interesting fourth amendment cases. In Collins v. Virginia , Collins sped past police officers on a
In its 2017-2018 term, the Supreme Court heard two interesting fourth amendment cases.
In Collins v. Virginia, Collins sped past police officers on a motorcycle at a more than 100 mph speed. The offices found photos and a license number and located the location of the bike using Facebook. The bike was in his girlfriend's garage under a tarp. The officers, without a warrant, walked up to the garage, pulled back the tarp and recorded the VIN, then left.
Collins argued that the search violated his 4th amendment rights. The state argued that the automobile exception applied in this case (as per your readings, the automobile exception says that automobiles contain a diminished expectation of privacy and can be searched based on probable cause, without a warrant, because they are mobile). But, of course, the automobile exception doesn't apply to garages.
Carpenter v. the U.S. was one of the most highly anticipated 4th amendment cases of this century. Detroit area stores had been stung by a series of robberies. A magistrate gave approved an order for the FBI to obtain cell-site data for several suspects. This data allowed law enforcement to tie the suspects' location with the robberies and was part of the evidence used in their conviction.
As we know, probable cause is required for a warrant. But no warrant was issued here because the FBI wasn't after the content of cellphone conversations or emails, just the date and times. Similarly, magistrates have granted orders (without warrants) for addresses and phone numbers. The 6th Circuit court of appeals said that obtaining the cellphone site data without a warrant was lawful. How will the Supreme Court decide?
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