SUPREME JUDICIAL COURT DIRK GKEINEDER - Mass Cases

A search warrant for a residence covers vehicles
found within the curtilage of the residence but not those
outside. Commonwealth v. Mcdarthv, 428 Mass. 871, 873
(1999). In -, 392 Mass. 45, 48
(19841, this Court held that a private driveway adjacent
to a home was not within the curtilage. Therefore, a
vehicle parked in the driveway was outside the curtilage.
2, Limited exception to warrant requirement
for automobile searches.
Under both the Fourth Amendment and Article XIV,
police may not search an automobile without a warrant
unless they can make a showing of probable cause and
exigent circumstances. The Commonwealth must show that
there is probable cause that the automobile contains
contraband or evidence of a crime. &g Carroll v. United
States, 267 U.S. 132 (1925); Commonwealth v. Ortiz, 376
Mass. 349, 354 (1978). The exigent circumstances
requirement is met only when it is "impracticable" for a
warrant to be obtained. Commonwealth v. Alvarado, 420
Mass. 542, 554 (1995).
C. Application of Law to Facts.
1. The search of the Toyota Avalon was
unlawful.
Greineder's car was parked in his driveway, which
was not within the curtilage of the house. As in Simmons,
the driveway was openly visible from the public road and
61