Ryan Austin Collins v. Commonwealth of Virginia
65 Va. App. 37
| Va. Ct. App. | 2015Background
- On July 25, 2013, Officer Rhodes observed a motorcycle eluding police at high speed; he recorded the plate and video and later linked distinctive custom features ("stretched out," chrome swingarm/wheels) to that bike.
- The license plates on that motorcycle were inactive and had been associated with Eric Jones, who said he had sold the bike; another source and Facebook photos linked Ryan Collins to the motorcycle and a residence.
- On September 10, 2013, officers contacted Collins at the DMV; Collins denied knowledge of the motorcycle and said he had not ridden a motorcycle for months.
- Within an hour, Officer Rhodes went to the residence shown in the Facebook photos, observed a similarly customized motorcycle partially covered by a tarp in the driveway, lifted the tarp, photographed the bike, and verified the VIN showed it was reported stolen.
- Rhodes then contacted Collins at the door; Collins initially denied knowledge, changed his story several times, and was arrested for receiving stolen goods; a key to the motorcycle was found on Collins during a search incident to arrest.
- Collins moved pretrial to suppress the evidence from the driveway search and later moved to strike for insufficient evidence of guilty knowledge; the trial court denied both motions and convicted Collins. The Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument (Collins) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether Officer Rhodes' entry onto driveway and lifting tarp to view/photograph motorcycle violated Fourth Amendment | Entry and removal of tarp was a warrantless search of curtilage and violated Jones/Jardines principles | Officer had probable cause and exigent circumstances (mobility of vehicle, recent eluding, concealment, Collins aware officers were investigating) | Search lawful under exigent-circumstances; suppression denied and affirmed |
| Whether evidence was insufficient to prove Collins knew the motorcycle was stolen | Testimony was unreliable; inconsistencies and alleged perjury make guilty knowledge unproven | Multiple lies to police, inconsistent statements, concealment, changed tags, presence of key, and other witness testimony supported knowledge | Factfinder reasonably found guilty knowledge; motion to strike properly denied |
Key Cases Cited
- United States v. Jones, 565 U.S. 400 (2012) (GPS tracking of vehicle is a Fourth Amendment search; analysis centers on search method)
- Florida v. Jardines, 569 U.S. 1 (2013) (police use of drug dog on a home’s curtilage constituted a search)
- Robinson v. Commonwealth, 273 Va. 26 (2007) (appellate review considers evidence in light most favorable to the Commonwealth)
- Thims v. Commonwealth, 218 Va. 85 (1977) (exigent circumstances can justify entry onto private property to inspect a vehicle reported stolen)
- Coolidge v. New Hampshire, 403 U.S. 443 (1971) (plurality discussing limits of automobile exception and relevance of mobility)
- Lawlor v. Commonwealth, 285 Va. 187 (2013) (standard for appellate review of sufficiency of evidence)
- Robinson v. Commonwealth, 45 Va. App. 592 (2005) (factors for curtilage analysis)