Category Archives: Curtilage

Cert. granted: Collins v. Virginia (does automobile exception apply to search a vehicle parked near to a house on curtilage)

Cert. granted: Collins v. Virginia, 16-1027 (ScotusBlog) Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the … Continue reading

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OH7: Enclosed porch door was curtilage, but inside door was threshold door

Defendant’s house had an unlocked porch door and a door inside. The porch door was part of the curtilage, but it was reasonable for persons visiting to go to the inside door and knock. “Based on this record, the facts … Continue reading

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OH1: Leaving drug house under surveillance for two weeks was RS

It was reasonable suspicion for defendant to visit a house under surveillance for two weeks as a drug house with detailed collection of information about comings and goings. State v. Donohue, 2017 Ohio App. LEXIS 3668 (1st Dist. Aug. 25, … Continue reading

Posted in Abandonment, Curtilage, Knock and talk, Reasonable suspicion | Comments Off

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off

N.D.Ind.: Use of drug dog in hotel hallway wasn’t at all like invading the curtilage in Jardines

Use of a drug dog in a hotel hallway that produced an alert on defendant’s room’s door was not unreasonble under Jardines. A hotel hallway, accessible to many people, cannot be compared to the curtilage of a home. United States … Continue reading

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N.D.Fla.: Entry onto 3-4 acre plot for knock-and-talk lawfully entered curtilage

Defendant lived on a 3-4 acre plot, and police lawfully entered through an open gate to conduct a knock-and-talk at defendant’s door. Exactly where the curtilage ends isn’t clear, but it certainly was close to the house where they were. … Continue reading

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IL: A dog sniff on the third floor apartment doors of an unlocked building violated Jardines

A dog sniff on the third floor apartment doors of an unlocked building violated Jardines. The sniff occurred two years after Jardines. People v. Bonilla, 2017 IL App (3d) 160457, 2017 Ill. App. LEXIS 380 (June 14, 2017):

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IL: Officer reaching into vestibule of home violated curtilage

The officer’s reaching into the vestibule of a two-unit apartment building intruded into an area with a reasonable expectation of privacy under Jardines. The building was essentially a one family dwelling. People v. Martin, 2017 IL App (1st) 143255, 2017 … Continue reading

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W.D.Mo.: Driveway not curtilage for dog sniff of car

Relying on United States v. Beene, 818 F.3d 157 (5th Cir. 2016) (posted here), defendant’s car parked on the driveway in front of his home was subject to a dog sniff as if it was on the street. Because of … Continue reading

Posted in Automobile exception, Curtilage, Dog sniff, Inventory | Comments Off

MA: Porch and side yard of multifamily dwelling was protected curtilage

The porch and side yard of a multifamily residence was within the curtilage for Dunn and Jardines, so the police entry to look under the porch was unreasonable and the search is suppressed. Commonwealth v. Leslie, 2017 Mass. LEXIS 341 … Continue reading

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