Supreme Court limits warrantless vehicle searches near homes

U.S. Court 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.





Related listings

  • Wikileaks founder Julian Assange loses bid to delay hearing

    Wikileaks founder Julian Assange loses bid to delay hearing

    U.S. Court News 10/21/2019

    WikiLeaks founder Julian Assange appeared in a U.K. court Monday to fight extradition to the United States on espionage charges, and he lost a bid to delay proceedings so that his legal team would have more time to prepare his case.Assange defiantly ...

  • Court to hear appeal of Jodi Arias' murder conviction

    Court to hear appeal of Jodi Arias' murder conviction

    U.S. Court News 10/17/2019

    Lawyers are scheduled to make arguments Thursday before the Arizona Court of Appeals as Jodi Arias seeks to overturn her murder conviction in the 2008 death of her former boyfriend.Arias argues a prosecutor's misconduct and a judge's failure to contr...

  • In or out? Court case on job bias casts pall on LGBT fests

    In or out? Court case on job bias casts pall on LGBT fests

    U.S. Court News 10/13/2019

    National Coming Out Day festivities were tempered this year by anxiety that some LGBT folk may have to go back into the closet so they can make a living, depending on what the Supreme Court decides about workplace discrimination law.But the mere fact...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.