{"id":7496,"date":"2023-10-27T15:23:33","date_gmt":"2023-10-27T15:23:33","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7496"},"modified":"2026-09-17T06:39:34","modified_gmt":"2026-09-17T13:39:34","slug":"vehicle-search-on-curtilage","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7496","title":{"rendered":"Vehicle Search on Curtilage"},"content":{"rendered":"

We have a great question here today from an officer in the great state of Texas.\u00a0 Alright, so the question is, \u201cCan you search a vehicle on curtilage with exigency?\u201d<\/strong><\/p>\n

And let’s go to the scenario.\u00a0 The officer is called to a noise complaint.\u00a0 Upon arrival at a house, he sees a car in the driveway with music blaring.\u00a0 He smells the odor of marijuana emanating from the vehicle.<\/p>\n

This one was actually unique in the sense that the car had two tires, the rear tires, on the sidewalk, which violates a city ordinance.\u00a0 But it’s safe to say that the other half of the car is on curtilage.\u00a0 Okay, we go to the car, we make contact, right?\u00a0 And can we search the car?\u00a0 The answer is \u201cYES.\u201d <\/strong><\/p>\n

Why does the motor vehicle exception not work on curtilage?<\/h2>\n

Here’s why.\u00a0 Number one is the case, Collins v. Virginia, which is the US Supreme Court case that held that police cannot search a car that’s on curtilage under the motor vehicle exception\u00a0 alone.\u00a0 And that is for good reason.\u00a0 Because when you’re on someone’s curtilage, it’s like being in their home.<\/p>\n

The curtilage is treated like the home itself, according to the US Supreme Court in a case called FLORIDA v. JARDINES. \u00a0So if you’re going to be on someone\u2019s curtilage, you’ve got to have a damn good reason why you’re there.<\/p>\n

Knock and talks work<\/a>.\u00a0 But if you’re doing criminal enforcement on people’s curtilage, you better have some exigency, emergency, urgency, or you better have their consent.\u00a0 But if you don’t have that, you’ve got to go get a warrant.\u00a0 Under the motor vehicle exception, remember,\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 if there is no underlying exigency in the car when it’s unoccupied, and nobody’s near it, then you need a warrant.<\/p>\n

So that’s why, in Collins vs Virginia, the court said, \u201cThe motor vehicle exception will not work.\u201d The car was 100% within curtilage; it was in a carport.<\/p>\n

Can exigency let you search a car parked in a driveway?<\/h2>\n

However, exigency in this case is kind of unique, because half the car is on open fields, the sidewalk, and the other half is on curtilage.\u00a0 So, this one is a little weird.\u00a0 But even if it was actually fully on the driveway, I still think we win because the noise complaint brings us lawfully into view and next to the car.\u00a0 We can absolutely go to the car and address the issue.\u00a0 Then we smell the marijuana.\u00a0 He’s behind the wheel and we don’t have time to go get a warrant here.<\/p>\n

We’re going to be okay.\u00a0 The court is not going to say that this is unlawful search or seizure. All the parts are lining up pretty nicely with this one.\u00a0 So that’s what I think.<\/p>\n

Again, even if the car was fully on curtilage in the driveway we would be OK.\u00a0 Now, if it’s in the backyard, that’s a different story.\u00a0 But if it’s on the driveway, I think we’re good.<\/p>\n

That\u2019s all for this one.\u00a0 Until next time, stay safe.<\/p>\n

Related from Blue to Gold<\/h2>\n