ON AIR NOW

LISTEN NOW

Weather

cloudy-day
86°
Mostly Clear
H 90° L 68°
  • cloudy-day
    86°
    Current Conditions
    Mostly Clear. H 90° L 68°
  • clear-day
    90°
    Today
    Mostly Clear. H 90° L 68°
  • clear-day
    91°
    Tomorrow
    Mostly Clear. H 91° L 69°
LISTEN
PAUSE
ERROR

Wsb news on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb traffic on-demand

00:00 | 00:00

LISTEN
PAUSE
ERROR

Wsb weather on-demand

00:00 | 00:00

National Govt & Politics
Supreme Court: Police need warrant to search vehicle in your driveway
Close

Supreme Court: Police need warrant to search vehicle in your driveway

Supreme Court: Police need warrant to search vehicle in your driveway
Photo Credit: Jamie Dupree

Supreme Court: Police need warrant to search vehicle in your driveway

In an 8-to-1 decision, the U.S. Supreme Court ruled Tuesday that police in Virginia violated the Fourth Amendment by walking onto the driveway of home in order to peek under a tarp that was covering a stolen motorcycle, as the Justices decided the officer had run afoul of the Constitution by engaging in a warrantless search.

The court's majority said "a parking patio or carport into which an officer can see from the street is no less entitled to protection from trespass and a warrantless search than a fully enclosed garage."

"[T]he most frail cottage in the kingdom is absolutely entitled to the same guarantees of privacy as the most majestic mansion,” the court's majority quoted from a 1982 case.

At issue was an orange and black motorcycle, which had been the subject of police attention for various traffic infractions in two different incidents, but officers were unable to stop the driver.

c9f363e5-975b-490e-9fb0-851508bbc08d{ "/Pub/p9/CmgSharedContent/2018/05/29/Images/WPIMAGE_cmgwsbradiojamiedupree_scotus20_17007.jpg?uuid=6P9UiDTPEemxKaMrYufZxg", "", "4127c56eb30942c7aad6745b60853b3f" "image" "" }

Police were able to link the motorcycle to the defendant, Ryan Collins, via photos on his Facebook page, and then discovered the bike, parked in the driveway of his girlfriend's house - covered with a tarp.

The State of Virginia argued that police were allowed - under what's known as the 'automobile exception' - to check to see if it this was the motorcycle in question, after finding that it was also a stolen vehicle.

The automobile exception lets officers search a vehicle stopped on the roads, when there is visible evidence, or probable cause that there is criminal evidence within the car or truck.

But in this case, the motorcycle was parked in a driveway, on private property.

"This case presents the question whether the automobile exception to the Fourth Amendment permits a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein," wrote Justice Sonia Sotomayor in the majority's decision.

"It does not," Sotomayor concluded

There was only one dissent - Justice Samuel Alito - who argued his colleagues were completely wrong.

"The Fourth Amendment prohibits “unreasonable” searches. What the police did in this case was entirely reasonable. The Court’s decision is not," Alito wrote.

Alito noted that that "If the motorcycle had been parked at the curb, instead of in the driveway," then the officer would have been legally allowed to look under the tarp, and find the stolen vehicle.

Alito quoted Mr. Bumble from 'Oliver Twist' - "If that is the law, he exclaimed, "the law is a ass - a idiot."

Read More

News

  • Police are looking for a man they say defrauded an Alpharetta, Georgia, woman out of more than $80,000 after meeting her on a dating website, telling her he was a millionaire and convincing her they were in love. Police have a warrant for the arrest of John Martin Hill, who is charged with theft by deception. The 35-year-old is also accused of defrauding women in the same way in four other states, authorities said. >> Read more trending news  The woman told police she met Hill on Match.com. The two messaged on the dating site March 27, then met in person later that day, police said.  “During their short romance, he convinced her that they were in love and wanted to buy a house together,” Gwinnett County Police Department spokeswoman Cpl. Michele Pihera said in a news release. “They went house hunting and selected a home they were interested in.” Within a week of knowing one another, Hill and the woman agreed to get married, Pihera said.  The woman gave Hill more than $80,000 to put toward the purchase of the house and to buy furniture. “Following the exchange of money, the suspect ceased all contact,” Pihera said. Investigators learned that Hill lives in an apartment in Duluth with another woman and a child. They said Hill has changed his name more than five times in the past 2 1/2 years and is accused of committing similar acts in Virginia, Delaware, Maryland and New Jersey. Anyone with information on Hill’s whereabouts is asked to contact detectives at 770-513-5300. Tipsters can remain anonymous and be eligible for rewards of up to $2,000 by contacting Crime Stoppers Atlanta at 404-577-8477, texting information to 274637 or visiting the Crime Stoppers website. 
  • An off-duty New York City firefighter was attacked Saturday morning as he tried to defend an elderly couple from a group of teenagers, WABC reported. >> Read more trending news  The 38-year-old firefighter intervened at 9:25 a.m., when police said the teens were harassing the couple in Manhattan’s Upper East Side, WPIX reported.  According to police, one of the teens punched the firefighter, striking him throughout his body, the television station reported. The man suffered a concussion and had five broken teeth, WABC reported. He also needed 25 stitches for his wounds, the television station reported. Police released surveillance video that shows the teens, believed to be between 15 and 17 years old, smiling as they skipped down the sidewalk, WNBC reported.
  • A Massachusetts high school student is getting high praise from NASA after he created a piece of hardware so good that it will be used in space. >> Read more trending news  The hardware Franklin High School senior Dom Parrella made is called an actuator. The piece itself is around an inch in length, but for astronauts at the International Space Station who use dozens of storage lockers, the actuator is essential – and has to be perfect. It helps prevent the lockers from opening. More than 2,000 students from across the country are a part of NASA's Hunch Program, meant to empower them by giving design and manufacturing projects. NASA's Hunch Program works with thousands of students at over 200 schools nationwide, four of them in Massachusetts. A NASA engineer said few produce pieces that are just right. 'It's not always going to be picture-perfect, their ranges are really tight,' Parrella said. How tight? Parrella's teacher, Jeff McCall, said it could be three-thousandths of an inch. 'Three-thousandths of an inch is the width of your hair, for the record,' McCall said.  Tri-County Regional High School in Franklin has been in the Hunch Program for five years. While it was the first time a student from the school made a part for NASA, it was not Parrella's first attempt at it. As a junior, Parrella ran into trouble as he neared the finish line. 'Right before one of the reviews, right before we were going to present to one of the astronauts, we had to scrap our entire project and then find something new,' he said. This year, Parrella, using an advanced mill, produced work that was stellar. 'I was very proud, very proud of Dom that he was able to get 11 of these done,' McCall said. 'They all came out flawlessly.' Each one met NASA’s standards. NASA says he's the only student from Massachusetts to produce a NASA-quality part this year. 'This is a very hard part to make,' NASA engineering specialist Bill Gibson said. 'They got it right their very first try.' 'We actually get to sign them, which is really nice,' Parrella said. 'We get our names to go up into space.' With Parrella graduating, another student will be making another 20 of the actuators. The hope is they'll be able to continue to be able to make pieces that will be used up in space. Parrella is set to attend the University of Massachusetts Dartmouth in the fall. 
  • It was supposed to be a fun ride on a roller coaster, but it ended with a fire department rescue. About a dozen children were stuck atop the roller coaster at Wonderland Amusement Park in Amarillo, Texas, KVII reported. They were at the park for an end-of-the-school-year party when the Mouse Trap got stuck mid-ride. >> Read more trending news  Park officials said they think the ride had an issue because of wind and temperatures at the park, but the 35-year-old ride worked as expected, and stopped when magnetism was indicated on the rails, KVII reported. The children were removed from the ride either via fire department cherry picker or by manually pushing the cars down the track, according to KVII.
  • Alabama Public Television is standing by its decision not to air an episode of the PBS Kids show “Arthur.” The first episode of the 22nd season, titled “Mr. Ratburn and the Special Someone,” features the first gay wedding in the show’s history. In the episode, Arthur’s teacher, Mr. Ratburn, marries a chocolatier named Patrick. >> Read more trending news  APT ran a repeat episode instead and said it does not plan to show the season premiere. “Parents have trusted Alabama Public Television for more than 50 years to provide children’s programs that entertain, educate and inspire,” APT director of programming Mike McKenzie said in a statement to AL.com. “More importantly — although we strongly encourage parents to watch television with their children and talk about what they have learned afterwards — parents trust that their children can watch APT without their supervision. We also know that children who are younger than the ‘target’ audience for ‘Arthur’ also watch the program.” Related: 'Arthur' character Mr. Ratburn gets married, comes out as gay on PBS Kids show McKenzie told NBC News the station would have taken away parents’ ability to choose what their children watch. “The vast majority of parents will not have heard about the content, whether they agree with it or not,” he said. “Because of this, we felt it would be a violation of trust to broadcast the episode.” APT was among many PBS member stations that didn’t air a 2005 episode of the “Arthur” spin off “Postcards From Buster.” In the episode, titled “Sugartime!” the character Buster visits Hinesburg, Vermont, to learn about the production of maple sugar. He meets children who live with their mother and stepmother. The couple are referred to as partners in the episode. WGBH, a member station that produces “Arthur” and “Postcards from Buster,” aired the episode and offered it to other stations, some of which chose to air it.
  • A mile-long, walnut-shaped asteroid with its own moon is set to pass Earth on Saturday, according to scientists. >> Read more trending news  The asteroid, known as 1999 KW4, will come within 3.2 million miles of Earth -- its second-closest approach in the past 20 years, WGRZ-TV reported. While this is considered close it’s still a safe distance from Earth. The asteroid is considered a binary system, meaning it consists of one large asteroid and a smaller moon orbiting it, CNet reported. The Las Cumbres Observatory describes its shape as “slightly squashed at the poles and with a mountain ridge around the equator, which runs all the way around the asteroid. This ridge gives the primary an appearance similar to a walnut or a spinning top.” The asteroid will best be observed Saturday from the Southern Hemisphere. However, stargazers in the Northern Hemisphere may be able to catch a glimpse of it Monday using an 8-inch-diameter telescope, EarthSky.org reported. The next time the asteroid will be visible from Earth will be in 2036, when it will be even closer. More information about viewing 1999 KW4 can be found here.