Category Archives: Curtilage

NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading

Posted in Curtilage, Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

MA: Apt building hallway near apt was neither a constitutionally protected area nor curtilage

The hallway near defendant’s apartment in a multi-unit apartment building was not a constitutionally protected area nor within the apartment’s curtilage. Defense counsel wasn’t ineffective for not moving to suppress his arrest and search in the common area. Commonwealth v. … Continue reading

Posted in Constitutionally protected area, Curtilage | Comments Off on MA: Apt building hallway near apt was neither a constitutionally protected area nor curtilage

N.D.W.Va.: A pipe in a car that could have legitimate uses still was incriminating enough for plain view

A pipe logically and usually used for smoking pot was seized in plain view because its incriminating nature was immediately apparent. The fact it could be used for legal substances doesn’t detract from that. United States v. Runner, 2020 U.S. … Continue reading

Posted in Curtilage, Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on N.D.W.Va.: A pipe in a car that could have legitimate uses still was incriminating enough for plain view

S.D.Fla.: While one’s roof is on the curtilage, it lacks a REP

Defendant’s roof was not a place with a reasonable expectation of privacy despite the fact it was on the curtilage (decided in the context of an ineffective assistance of counsel claim). Davis v. United States, 2020 U.S. Dist. LEXIS 201562 … Continue reading

Posted in Curtilage, Reasonable expectation of privacy | Comments Off on S.D.Fla.: While one’s roof is on the curtilage, it lacks a REP

E.D.Ky.: Trash search entered constitutionally protected area, and there’s no trash search exception to curtilage

The officers entered a constitutionally protected area of defendant’s property for a trash seizure. The court also declines to adopt a “trash exception” to curtilage that trash expected to be picked up later is not protected. United States v. Gregory, … Continue reading

Posted in Constitutionally protected area, Curtilage | Comments Off on E.D.Ky.: Trash search entered constitutionally protected area, and there’s no trash search exception to curtilage

TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

HIPAA doesn’t create a reasonable expectation of privacy in one’s blood sample obtained for medical treatment. HIPAA recognizes criminal process to obtain it. Consuelo v. State, 2020 Tex. App. LEXIS 8460 (Tex. App. – Dallas Oct. 27, 2020). Any lack … Continue reading

Posted in Curtilage, Dog sniff, Particularity, Reasonable expectation of privacy | Comments Off on TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

SCOTUS: three dissent from denial of cert.: Jardines requires reversal

Bovat v. Vermont, 2020 U.S. LEXIS 5057 (Oct. 19, 2020) (Gorsuch dissenting from denial of certiorari with Sotomayor and Kagan):

Posted in Curtilage, SCOTUS | Comments Off on SCOTUS: three dissent from denial of cert.: Jardines requires reversal

VA: Knock-and-talk is still a valid exception for entry onto the curtilage

While entry into the curtilage is presumptively unreasonable without a warrant, Collins v. Virginia, 138 S. Ct. 1663, 1670 (2018), there is still implied license for police to enter for a knock-and-talk. Saal v. Commonwealth, 2020 Va. App. LEXIS 241 … Continue reading

Posted in Curtilage, Knock and talk, Waiver | Comments Off on VA: Knock-and-talk is still a valid exception for entry onto the curtilage

E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it

Officers conducted a drug investigation into defendant’s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be … Continue reading

Posted in Curtilage, Independent source, Reasonable suspicion | Comments Off on E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it

GA: Tracking stolen cell phone by its find phone app resulted in unlawful entry onto curtilage

Defendant is accused of robbery including stealing a cell phone which was tracked to his house by the find phone app. When police arrived, they found the vehicle described by the victim, and they entered the curtilage without a warrant. … Continue reading

Posted in Curtilage, Reasonable suspicion | Comments Off on GA: Tracking stolen cell phone by its find phone app resulted in unlawful entry onto curtilage

D.N.M.: Warrantless entry onto def’s curtilage was reasonable

The warrantless entry onto defendant’s curtilage was reasonable. United States v. Luna, 2020 U.S. Dist. LEXIS 166819 (D. N.M. Sept. 10, 2020):

Posted in Curtilage | Comments Off on D.N.M.: Warrantless entry onto def’s curtilage was reasonable

M.D.Pa.: Govt’s justification for protective sweep or exigency based entry were speculative so motion to suppress granted

The government contention a protective sweep or exigent circumstances justified the entry was speculative and lacked foundation. Motion to suppress granted. United States v. Lara-Mejia, 2020 U.S. Dist. LEXIS 156946 (M.D. Pa. Aug. 28, 2020). The automobile exception doesn’t apply … Continue reading

Posted in Curtilage, Probable cause, Protective sweep | Comments Off on M.D.Pa.: Govt’s justification for protective sweep or exigency based entry were speculative so motion to suppress granted

OH6: Def’s neighbor was citizen informant in reporting seeing him looking at CP through an open window

Defendant’s neighbor could see him from his house masturbating to child pornography. He called the police and the police corroborated it but walked on the curtilage, too. The neighbor was shown as a confidential informant but was really a citizen … Continue reading

Posted in Curtilage, Informant hearsay, Plain view, feel, smell, Tracking warrant | Comments Off on OH6: Def’s neighbor was citizen informant in reporting seeing him looking at CP through an open window

E.D.N.C.: Driveway isn’t always curtilage under Collins

Defendant’s driveway was not enough curtilage to make it unreasonable for the police to come on the driveway and look at his car. It wasn’t covered, and there was a road and open field right next to it. United States … Continue reading

Posted in Curtilage | Comments Off on E.D.N.C.: Driveway isn’t always curtilage under Collins

CA11: Duplex driveway here wasn’t curtilage

The district court did not err in finding defendant’s driveway of a duplex was not curtilage under the Dunn factors in light of Collins. United States v. Stephen, 2020 U.S. App. LEXIS 24803 (11th Cir. Aug. 6, 2020):

Posted in Curtilage | Comments Off on CA11: Duplex driveway here wasn’t curtilage

OH3: Collins v. Virginia not retroactive on post-conviction relief

Defendant’s claim that Collins v. Virginia applied on post-conviction is denied. The search was two years before Collins was decided, and trial and appeal were over by then. It isn’t retroactive to final cases. State v. Parsons, 2020-Ohio-3917, 2020 Ohio … Continue reading

Posted in Curtilage, Reasonable suspicion | Comments Off on OH3: Collins v. Virginia not retroactive on post-conviction relief