Category Archives: Curtilage

CA8: Entry onto def’s back porch with arrest warrant was reasonable

The entry to defendant’s back porch was reasonable because he was there with an arrest warrant. On the back porch he saw some potential equipment for a meth lab. When the police applied for a search warrant, the product of … Continue reading

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IL: Odor of marijuana detected during a knock-and-talk was reasonably obtained

Odor of marijuana detected during a knock-and-talk was reasonably obtained. People v. Brandt, 2019 IL App (4th) 180219, 2019 Ill. App. LEXIS 224 (Apr. 2, 2019). There was probable cause for plaintiff’s arrest for constructive possession. He was long time … Continue reading

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ID: Old faded “no trespassing” sign that was apparently not prominent wasn’t notice officer couldn’t enter curtilage

Defendant’s argument that his single old and faded “No Trespassing” sign was enough to revoke any implied license to approach his house is rejected. The court leaves open the possibility in a factually more stark case one sign could be … Continue reading

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IN: Officer at front door to do knock-and-talk could look through gap in blinds

Officer who was at front of house to do a knock and talk did not conduct an illegal search when he heard noise inside and looked through a gap in the blinds. Jardines is distinguished, and the court used the … Continue reading

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FL1: Entry into def’s backyard for “strong chemical smell” was without showing exigency and suppressed

Police entered defendant’s backyard based on a call about a strong chemical smell. He was grinding glass with a heavy tool. They saw two women and another man visible inside the shed. They ordered him out and then got defendant … Continue reading

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D.V.I.: “Premises” includes the curtilage

The premises for a search warrant includes the curtilage, and drugs found hidden outside the house on the curtilage just a few feet from the house were properly seized. United States v. Dowling, 2019 U.S. Dist. LEXIS 34956 (D. V.I. … Continue reading

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OH8: Plain view of hit and run vehicle in driveway justified officers’ entry onto curtilage

Defendant raises his search claim via an ineffective assistance of counsel claim: defense counsel should have suppressed the plain view of his vehicle in his driveway partly covered by a blanket. Officers responded to an anonymous tip that defendant’s SUV … Continue reading

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CA6: Knock-and-talk on curtilage was permitted

Officers came to plaintiff’s home for a knock-and-talk, and he went out the back with a gun in hand. One officer pursued him, and he ended up racking and pointing the gun and getting shot. The officers get qualified immunity … Continue reading

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VA: SW tainted by unlawful entry onto the curtilage for a smell

The evidence obtained pursuant to a search warrant was tainted by police officers’ initial unlawful entry onto defendant’s curtilage. Without that unlawful entry, the officers had no evidence connecting the marijuana odor to defendant or his residence. In addition, he … Continue reading

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IA: Stolen tractor tires were visible from the curtilage and entry permitted

Defendant was suspected of possession of stolen property. Police came to his rural property to talk to him where he was self-employed working on tractors in back. He had a circular driveway. From the driveway they could see the outbuildings … Continue reading

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FL5: Apparent ongoing animal abuse is an exigency permitting entry onto curtilage

Police responded to a call about suspected animal abuse and a beating of a dog. When the officer arrived he could hear the beating, and he came into the backyard and saw a bloodied dog with his tongue out. The … Continue reading

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M.D.Tenn.: Def was sitting in car on friend’s curtilage visiting the friend, and officer violated curtilage to look in car window

Defendant was in his car on another person’s curtilage when he was there to visit. The officer’s walking up to the car on the curtilage of the owner to look in defendant’s car window violated the Fourth Amendment. United States … Continue reading

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