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Home / Constitutional / Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage (access required)

Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage (access required)

Applying the U.S. Supreme Court’s recent decision in Collins v. Virginia, a warrantless arrest in an area of the suspect’s driveway beyond the walkway to the front door was within the home’s curtilage and, thus, improper under the Fourth Amendment. Background A person later identified as Defendant Shomari Carroll was observed leaving a restaurant by Fairfax police. ...