Category Archives: Curtilage

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

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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

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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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MO: Officers didn’t violate curtilage by going to back of mobile home to see what the neighbors could see

Officers did not violate curtilage when they could see marijuana growing behind defendant’s mobile home. While the plants weren’t visible from the front of the curtilage, going to look for another door would have revealed it. It was also visible … Continue reading

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TN: State’s failure to challenge trial court’s findings entry to curtilage was unreasonable is waiver

Officers had a levy for unpaid court costs, and it wasn’t uncommon for drug officers to come along for the seizure. The record supported the conclusion that defendant did not affirmatively and expressly disclaim or relinquish his privacy interest in … Continue reading

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WaPo: ‘The Volokh Conspiracy’ Blog: The Fourth Amendment and “no trespassing” signs

WaPo: ‘The Volokh Conspiracy’ Blog: The Fourth Amendment and “no trespassing” signs by Orin Kerr: In light of the uncertainty, I thought I would point out the latest decision on the Fourth Amendment implications of ‘no trespassing’ signs: State v. … Continue reading

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