Category Archives: Curtilage

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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OH5: A mandated CP reporter isn’t a state actor

The fact AOL is a mandated reporter of child pornography that it discovers does not make AOL a state actor in its discovery of child pornography. Thus, AOL’s search of the email was a private search. Then there was a … Continue reading

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D.Ariz.: Search of car on curtilage fails under Collins

The search of defendant’s car ostensibly under the automobile exception fails under Collins v. Virginia. It was clearly on the curtilage, and the exclusionary rule is applied. United States v. Bautista, 2018 U.S. Dist. LEXIS 197792 (D. Ariz. Nov. 20, … Continue reading

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FL1: Def’s car search outside his chain link fence was outside the curtilage

Defendant was stopped for a traffic offense, but he made it to his mobile home and parked outside the chain link fence. The court finds the car was outside the curtilage under Dunn when the stop and dog sniff occurred. … Continue reading

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IL: Dog sniff at motel room door violates 4A

A 2014 dog sniff at a motel room door violates the Fourth Amendment, and a reasonably well-trained officer in Illinois would know that. Suppressed. People v. Lindsey, 2018 IL App (3d) 150877, 2018 Ill. App. LEXIS 807 (Oct. 30, 2018). … Continue reading

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