Can police search a vehicle parked in the curtilage of a suspect's home without a warrant?

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The correct position on warrantless searches of vehicles located in the curtilage of a suspect's home is that a warrant is required. The curtilage refers to the area immediately surrounding a home, which is afforded a higher expectation of privacy under the Fourth Amendment than public areas. This expectation of privacy means that searches within the curtilage are typically subject to the warrant requirement, even if the vehicle is in plain view.

While probable cause might allow law enforcement to search a vehicle in certain public spaces without a warrant, the same does not apply to areas categorized as curtilage. The rationale behind this protection is to prevent unwarranted government intrusion into a person's private affairs and to respect the sanctity of the home and its immediate surroundings.

In practice, unless an exception such as exigent circumstances or consent is present, officers must obtain a warrant to search a vehicle parked in an area considered curtilage. This underscores a broader principle of criminal procedure that emphasizes the importance of judicial oversight in searches and seizures impacting private residences and their surrounding areas.

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