Can police officers search cars on curtilage with exigency?

The following is a computer-generated transcription, some grammar and spelling errors may be inherent Hey guys, it's Anthony Bandiero Here attorney and senior legal instructor with Blue to Gold law enforcement training, bringing you another roadside chat from the studio. Alright, so we got a great question here today from an officer in Texas, the great state of Texas. Alright, so the question is, is can you search a vehicle on curtilage with exigency. And let's go to the scenario, okay, I'm looking at my computer here. Alright. The officer is called to a noise complaint. Upon arrival at a house, right, Upon arrival, he sees a car in the driveway with probably music blaring. He smells the odor of marijuana emanating from the vehicle. And this one is actually unique in the sense that the car had two tires, you know, to the rear tires on the sidewalk, which violates a city ordinance. But it's, it's safe to say that the other half of the car is on curtilage. Okay, we go to the car, we make contact, right? And can we search the car? The answer is yes. Here's why. 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 alone, alone. And that is for good reason. Because when you're on someone's curtilage, it's like being in their home. I mean, the curtilage is treated like the home itself, according to the US Supreme Court in a case called Florida versus guardians. So if you're going to be on some of these curtilage, you've got to have a damn good reason to why you're there. I mean, knockin talks work. But if you're doing criminal enforcement, on people's curtilage, you better have some exigency, emergency urgency, or you better have their consent. But if you don't have that, you've got to go get a warrant. And the motor vehicle exception, remember, there is no underlying exigency in the car when it's unoccupied, and nobody's near it, and so forth. Right. Some states court cases, we'll talk about that, that the motor vehicle exception is based off of the exigency of the inherently mobile vehicle. But come on. I mean, that's, that is, that may be one way to describe it. And that may be another reason why we allow these searches as far as is making it just this it's kind of bogus, there is no exigency. When you stop a car for speeding, you have probable cause that there's evidence in there, the guy is under arrest in the backseat, you have the car keys. Nobody else is around you, and you're in the boonies, and there is no exigency there. Right? We know that. Okay. So that's why Cosby, Virginia said, look, the motor vehicle exception will not work. However, exigency will now this case is kind of unique, because half the car is on open fields, the sidewalk, and the other half is on curtilage. Remember, you know, called Virginia the car was 100% within the curtilage it was in a carport. So, this one is a little weird. But even if it was actually fully on the driveway, I still think we win because law noise complaint brings us lawfully into view and next to the car we can we can absolutely go to the to the car and address the issue...