Category Archives: Curtilage

E.D.Ark.: No 4A REP in trash container at the street for pickup

Based on the undisputed facts (such that a hearing isn’t required), defendant’s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. “Here, Officer … Continue reading

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N.D.Ill.: Arrest in common area of apt building not on curtilage

Defendant’s arrest in a common area of an apartment building was not on the curtilage. United States v. Anderson, 2021 U.S. Dist. LEXIS 106278 (N.D. Ill. June 7, 2021). Defendant’s Franks challenge fails as to what was omitted from the … Continue reading

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IN: Plain view applied to vehicle seizure in driveway

Plain view justified the seizure of defendant’s van in his driveway, even assuming it was on the curtilage. It was immediately apparent to the officers it was criminal evidence. Combs v. State, 2021 Ind. LEXIS 358 (June 3. 2021). n.5:

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CA4: Trash out for collection at the curb is not on the curtilage

Trash out for collection at the curb is not on the curtilage. United States v. Holmes, 2021 U.S. App. LEXIS 16418 (4th Cir. June 2, 2021). The affidavit for a tracking warrant was misleading in one respect, but it wasn’t … Continue reading

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CA9: Franks violation states § 1983 claim

The DA declined to prosecutor the plaintiff because of a Franks violation in the affidavit for the search warrant. Plaintiff sued, and qualified immunity is found not inapplicable. Dahlin v. Frieborn, 2021 U.S. App. LEXIS 16077 (9th Cir. May 28, … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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DE: Trash container at street was not on curtilage

Defendant’s trash container at the foot of his driveway awaiting pickup was not on the curtilage. Moreover, he had no reasonable expectation of privacy in it sitting there. State v. Peart, 2021 Del. Super. LEXIS 243 (Mar. 25, 2021). Rooker-Feldman … Continue reading

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C.D.Cal.: The ledge outside an apartment window is not part of the curtilage

Defendant’s apartment had a box placed out on the ledge below a window visible to passersby. This was not part of the curtilage because it was visible and accessible to others. (Moreover, officers got a search warrant for it. ) … Continue reading

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OR: Entry onto curtilage to closely examine car for evidence of hit-and-run exceed implied consent of entry

After a hit-and-run accident, police took a bumper part left at the scene. They ultimately located the probable car at defendant’s house. The police, as any other visitor, had implied authority to enter the curtilage but not to look at … Continue reading

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CA5 declines to extend Bivens to 4A claims outside the home

Court declines to extend Bivens to a search in parking lot because it thinks SCOTUS would agree. Bivens was a search of the home. Byrd v. Lamb, 2021 U.S. App. LEXIS 6844 (5th Cir. Mar. 9, 2021). “Henriquez-Perez has not … Continue reading

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M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

Assuming defendant’s tent in an “open field” area had a reasonable expectation of privacy (as the Ninth Circuit would hold), the tent was open and the officer could see in. There was no curtilage to the tent in an open … Continue reading

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OH12: Officer responding to a mistreated dog call could walk to fence and look through then seize dog on exigency

An officer responded to an animal abuse complaint of a maltreated dog in defendant’s backyard. He parked in the driveway and walked to the door to inquire. No answer. He could see a fence with a missing board from the … Continue reading

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TX14: No REP in a driveway def pulled into apparently hoping to ditch following police

Defendant’s red Ford Expedition was seen leaving an armed robbery, and the police were looking for it, finding it driving on the street. They followed, and it pulled into a driveway. Defendant shows no reasonable expectation of privacy in the … Continue reading

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CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading

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E.D.N.Y.: 6 am knock-and-talk was not unreasonable

A 6 am knock-and-talk was not shown to be unreasonable [on the totality] under Jardines. Defendant doesn’t claim that he was too sleepy to respond to them. United States v. Ofsink, 2021 U.S. Dist. LEXIS 24933 (E.D. N.Y. Feb. 8, … Continue reading

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E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

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M.D.La.: Driveway here was not Curtilage “intimately tied to the home”

Defendant’s driveway was not Curtilage “intimately tied to the home.” United States v. Martinez-Velazquez, 2021 U.S. Dist. LEXIS 15723 (M.D. La. Jan. 28, 2021):

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CA10: Code enforcement officer coming to ptf’s door to talk to him didn’t violate curtilage

A city code enforcement officer who came to plaintiff’s door for a couple of minutes to attempt to talk to him about a sign code violation did not violate the curtilage. Clark v. City of Williamsburg, 2021 U.S. App. LEXIS … Continue reading

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OH7: Police going to def’s back window and video recording him in house violated curtilage

A police officer coming to the back of defendant’s house to look in the window and video him with a cell phone violated curtilage and his reasonable expectation of privacy. State v. Desarro, 2020-Ohio-6815, 2020 Ohio App. LEXIS 4661 (7th … Continue reading

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CA10: There was no violation of curtilage for def’s home on grounds of 24/7 storage company

Defendant lived on the grounds of a 24/7 storage building company. At 2:30 am, officers investigating saw cars coming and going from the residence. They approached his building, and the approach way wasn’t curtilage under Dunn. United States v. Powell, … Continue reading

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