[20180626]LSB10156_最高法院在柯林斯诉弗吉尼亚案中表达了对隐私权的担忧.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Drives Home Its Concern for Privacy in Collins v. Virginia June 26, 2018 Facing a clash between two well-established Fourth Amendment doctrinesthe primacy of the home in Fourth Amendment case law versus the “automobile exception” to the Amendments warrant requirement the Supreme Court in Collins v. Virginia ultimately came down on the side of protecting privacy within the home and its adjoining property. In so doing, the Court clarified the scope of the automobile exception, holding that the exception does not provide an independent basis for police to enter an individuals home or its curtilage without a warrant to search a vehicle on the property. This Sidebar discusses the Collins decision and its potential implications for Fourth Amendment law. As background, the Fourth Amendment guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and provides that “no Warrants shall issue but upon probable cause.” Supreme Court precedent establishes that a warrantless search of a suspects home is “presumpt