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January 9, 2018

Fourth Amendment day for SCOTUS oral arguments

The second day of Supreme Court oral arguments in calendar year 2018 brings forth two Fourth Amendment cases on the SCOTUS calendar.  Here are the basics and links to various previews via this SCOTUSblog posting:

Continuing its themed approach to argument days this session, the court is hearing two Fourth Amendment cases today, both involving searches of motor vehicles. The first argument is in Byrd v. United States, which asks whether a driver has a reasonable expectation of privacy in a rental car when he is not listed as an authorized driver on the rental contract. Amy Howe had this blog’s preview, which first appeared at Howe on the Court. D.E. Wagner and Leonardo Mangat preview the case for Cornell Law School’s Legal Information Institute.

 This morning’s second case is Collins v. Virginia, in which the justices will consider the scope of the automobile exception to the warrant requirement. Amy Howe previewed the case for this blog; her coverage was first published at Howe on the Court.  Robin Grieff, Jonathan Kim and Hillary Rich have Cornell’s preview, and Subscript offers a graphic explainer for the case.

January 9, 2018 at 09:11 AM | Permalink


Not unexpected, but there seemed to be some discussion of Jardines and its limited license to enter the curtilage in Collins. I think both parties were reluctant to do so. Somewhat understandable from Collins as any relaxation of Jardines would undermine his position, but I am a little surprised that Virginia did not seem to want to make much of a distinction between home and curtilage in terms of how the automobile exception might play out for a vehicle on private property.

Posted by: tmm | Jan 9, 2018 5:35:38 PM

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