Many people living on properties with a driveway leave their cars parked in them. Even if they have a garage at the end of the drive, they may prefer to leave the vehicle outside for easy access or because their garage is full.
This could lead to problems if the law suspects you have been up to no good. Even if you have not done anything wrong, they may believe you have and think they might find evidence of that wrongdoing in your vehicle. Can they search it if you have parked it on your driveway?
Do they have a warrant?
If the police obtain a warrant to search your vehicle, they can probably search it no matter where you park it. What about if they do not?
The curtilage of your property
The Fourth Amendment gives you protection against unreasonable searches and seizures. One of the areas where this protection applies is within the curtilage of your property. Most people would consider this to be your house and the land immediately around it that you use daily, such as your driveway.
Is there an exception made for vehicles?
Some officers have claimed that the vehicle exception to the Fourth Amendment – which gives them the right to search a vehicle without the need for a warrant in certain circumstances – applies even when the vehicle is within the curtilage of a house.
The Supreme Court recently clarified they do not. While officers may be able to use the vehicle exemption to search a car on the street or a in public area, the court made clear that the exception does not extend to a property owner’s curtilage.
If the police gather evidence from a place you believe they had no right to be, understanding your options for challenging their actions could be crucial.