Can cops search a vehicle on private property without a warrant?

Can the cops come on your private property and search a vehicle without first obtaining a search warrant?

The Fourth Amendment of our Constitution says that we have a right to be free from unreasonable search and seizure.
This means that, to protect you, the police are supposed to go to a "neutral and detached “magistrate and run their facts by him so he can decide if it's fair or not to allow the police to come search your stuff.
So, the general rule is if the police want to search your stuff, they need to first go to a neutral and attached magistrate and see if he will issue a warrant.
Unfortunately, this rule is like a piece of swiss cheese; there are a ton of holes or exceptions and there's even exceptions to the exceptions.

Normally, the police are given pretty broad latitude to search a vehicle without a search warrant if they have reasonable cause to do so.

The logic is that a person could drive a vehicle away… along with evidence that might be found in the vehicle, before the police could ever get a search warrant.

But what if you have a vehicle that's parked on your own property?
Can the cops legally search it without a warrant?

In the recent Supreme Court case of Collins versus Virginia, a police officer saw what he believed to be a motorcycle under a tarp on private property.

The officer went on the property and lifted the tarp. He then ran the license plate on the motorcycle and discovered it was stolen.
Ryan Collins was staying at the residence and was arrested and charged with the stolen motorcycle.

His lawyer argued that the police have no business conducting a search of that vehicle without first obtaining a search warrant. The search here was the officers lifting the tarp and then ran that plate.
The case was fought all the way to the United States Supreme Court.

The Supreme Court, in Collins versus Virginia said that this was an exception to what's known as the automobile exception.
You're probably thinking what the heck?
Okay, so the law says that generally, the cops cannot conduct a search without first getting a search warrant.

But there's an exception to that law that says if you're talking about a vehicle that can be driven away there is what's known as an exigent (or urgent) circumstance allowing the cops to search the vehicle without getting a search warrant because, as I explained, the driver and any evidence may be long gone before the cops can obtain a search warrant.

In this case, the Supreme Court said, "hold on" we’re making an exception to the exception when a vehicle is parked on private property.

In other words, just because it's a vehicle, the police can't go on somebody's private property to search it without first getting a search warrant.
The Court explained: there is no urgent or emergency situation when a car is parked on someone's property.
Since there is no urgency in a parked vehicle, the police need to do what they're supposed anyway in most instances - go seek a search warrant from a "neutral and detached" magistrate.

[christianu]

It takes over FOUR MINUTES to say NO?!?! A cop CANNOT come onto private property and search a vehicle without a warrant. lf he does, he's trespassing and the search will, or at least SHOULD, be thrown out in court.

[stevestine]

But now they will always apply the "i smell weed" defense if u tell them no to a search. Now they go get the dog and make it do a fake id. Now your car is being ransacked without a warrant.

[paleomountainman]

This is a gun free property, I am exempt from the policy. You can bring your badges though.

[edhartgrove]

I would "assume" (always a dangerous thing to do) that, if the "vehicle" hadn't been JUST seen operating on a public roadway, but, had been sitting there for some time, on private property, a "reasonable" action would be for the officer to remain there (off the private property, and have another officer obtain a search warrant. I would think it would be kinda difficult to justify WHAT would be considered justification for the search, especially if the vehicle wasn't observed in motion.#NoProbableCause

[dericksmith]

The tarp becomes the same as a shed or garage. A warrant is needed to enter the shed or garage, thus it would be required to lift the tarp.
As for the exceptions. Damn near anything can ‘move’. A fugitive, a stolen TV, a vehicle, or drugs - all can be moved. The exceptions are loopholes used to circumvent the law and the constitution.
If law enforcement doesn’t follow the law, how can they enforce the law?
Cop - “I want to search your garage.” Or. “Search your house”
Me - “sure if you have a warrant.”
By this reasoning the cop could say;
Cop - “I don’t need a warrant. That car can be ‘moved’ and it may be stolen.” Or “ I don’t need a warrant. The items in your home can be moved, they may be stolen.”
So these exceptions nullify the requirements of a warrant in EVERY situation. It all depends on wording. That is wrong. If the law and constitution say a warrant is required, no manipulation of words can bypass that.
If police want to be trusted and respected- start behaving trustworthy and respectable.

[DGPHolyHandgrenade]

In your example though, the motorcycle is covered. It might be vaguely recognizable as a motorcycle under the tarp but the tarp is presently hiding it from view. Meaning that the officer should need to get a search warrant to remove the tarp to make the vin/plates visible to run them. Most especially if this is on private property. That's an entirely different scenario than a car parked in a driveway that is not covered.

I also disagree with the search warrant exception as explained. Even if they suspect a home or business of criminal activity, they can secure the building; nobody in or out, until the search warrant is issued. They can and should need the search warrant to specify what they think they'll find in searching the vehicle because that's the other aspect of the search warrant; you need to have probable cause that a crime has been committed and a high probability of evidence of that crime would be found. If you're already pulled over, the scene is secured and they can wait for the warrant.

The police seem to have this adversarial relationship with the constitution seeing those rules as inconveniences to work around and figure out how to bypass. And sadly, the courts arent doing anywhere near enough to slap them down from that.

[jamescomeaux]

Well, sort of. It also depends on where the vehicle was when the cop first saw it. For instance, if the cop saw the vehicle driving on a public road and it then pulled onto private property the cop could still initiate a traffic stop. Of course, after that the cop has about 100 ways to legally and/or semi-legally search the vehicle. Was the bike in plain view? Was it covered up?

[markdenenberg]

Curious cop should have been dealt with before he made it to the tarp. Dealt with however you feel to deal with it.

[awalk]

The issue is that the cops have to commit the offence of Trespass to even look under a tarp or open the door of a vehicle on private property.
The cops cannot break the law to satisfy their curiosity ( or suspicion) . They need a search warrant to do anything on private property, unless they shoot the owner.

[geekchameleon]

The key distinction is that the motorcycle couldn't be uniquely distinguishable without the LEO stepping onto private property and moving the tarp (essentially the same as opening a door). The argument that the motorcycle could be moved and concealed is completely irrelevant. Since a uniquely identifiable motorcycle couldn't be used to generate RAS from public view, the LEO was completely unjustified in the entirety of the search.

The vehicle exemption comes into play when the vehicle is uniquely identified to be a component of an act that is in violation of law necessary BEFORE additional authority to search is granted by exigent circumstances.

[Shaggy_Campbell]

If they pull in my driveway without a warrant, I'll imediatly call my attorney and I do have one..

[garrisonstanleigh]

Only 2 kinds of cops incompetent and corrupt

[spencerw]

Love this ... Thank you ... One weapon everyone has is the right to knowledge ... But people please do NOT tell the cops you know the law if your not 100% sure ...you look like a fool sorry

[waltgibbs]

Not if you own a gun and aren't afraid to stand up to criminals who do that shit.

[headpainter]

Last time I checked oh, there is more than one police officer. Post someone to watch the item / subject and send someone else to get the warrant. They make it sound like it's one guy doing everything.

[platinumoregon]

What it boils down to, as the case rises through the various Court level, it depends if the parties can buy a verdict !!
How can the verdict vacillate when the law is clearly written ?? The final judgement should match the first one!!

[coleaydeesixxx]

In Kentucky I was involved in a hit and run accident of an unoccupied vehicle in a neighboring County Police had my vehicle towed off of private property and sent to a tow yard and now I'm stuck with the tow yard bill. My question is was police allowed to come on to private property and have my vehicle towed.? The initial reason for it being told was this vehicle was just involved in a accident and it needed to be moved off the roadway! It was not on the roadway it was on private property. Is there anything I can do? Thank you in advance

[LeadersEatLast]

About As Clear As Mud My Friend, lol! I'm All Tangled In Knots Now, But I Think I Got It. Not Many Counselors Do A Very Good Job At Breaking It Down, But You're The "Exception to the Exception", lol!😆😵🤯

[dericksmith]

The search was illegal as was the cops trespassing onto your property to lift the tarp. The bike being stolen was mere happenstance.
Cop pushes in you door, ransacks your home, looks in a cupboard and finds drugs.
According to the lawyer finding the drugs is the same as discovering the bike was stolen. But that’s false.
More interesting debate is; cop pushes open door, ransacks house, finds dead dismembered hooker under stairs.
Now what? I’m betting the official report would involve a ‘caller’, a ‘report’, and ‘cries for help’ or ‘domestic’, as a way to justify being in the home to make the find.
Cops will always lie, knowing they will not be punished for their lies. Only decent citizens and even criminals are forced to follow the LAW, rarely do the cops.

[hribertorivas]

Ok.. so the exception to the exception is no warrent no search on private property. Is this property considered private property cause it was a residence. Or is a store parking lot considered private property? Considering the parking lit is private property and stated private property with signage?