Category Archives: 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):

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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

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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

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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

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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):

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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

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CA6: Camera in fake smoke detector outside def’s door in apt building hallway violated no REP

Defendant had no reasonable expectation of privacy in images captured by a camera warrantlessly placed in a fake smoke detector on the ceiling of his apartment building hallway right outside his door. United States v. Trice, 2020 U.S. App. LEXIS … Continue reading

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CA10: Entry onto curtilage at 3:30 am was reasonable based on exigency of domestic battery call

Police approach to defendant’s house at 3:30 am was reasonable because it was based on a domestic violence report to check on his wife. “Finally, Jardines, King, and Manzanares do not apply here. The Officers did not search Mr. Martinez’s … Continue reading

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CT: Police wait for def to attempt to retrieve sawed off shotgun in backyard was still exigency

The police had a reasonable belief defendant had used a sawed off shotgun to threaten someone and that it was likely in his backyard. They waited for him to reappear to attempt to recover the gun, and when he did, … Continue reading

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AL: Dog sniff at apt door unreasonable under Jardines

“We consider whether the use of a drug-sniffing dog to sniff the door seams of the apartment was, under the reasoning of Jardines, an illegal search in violation of Earl’s Fourth Amendment right to be free from unreasonable searches. We … Continue reading

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S.D.Ga.: Renting a motel room doesn’t make their parking lot your curtilage

Just because defendant’s girlfriend rented a motel room and he was with her doesn’t make the motel parking lot their curtilage. “[N]ot even a hotel’s owner, to say nothing of its transitory guests, has a reasonable expectation of privacy in … Continue reading

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CA4: State court suppressed SW for lack of nexus, and then feds indicted; GFE applies to the state warrant

Defendant was prosecuted in state court for a drug related murder, and the state court suppressed the search of his house finding lack of nexus. State v. Miller, 2016 S.C. Unpub. LEXIS 28 (Mar. 30, 2016). Defendant was then prosecuted … Continue reading

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CA6: No REP in a shipped package after it was received by another

Defendant had no reasonable expectation of privacy in a package shipped to and then received by another. Moreover, there was probable cause for a search of the car the package was in and the package, too. United States v. Moore, … Continue reading

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D.Kan.: By not stopping before his driveway, def consented to police entry onto the curtilage

Officers attempted to stop defendant’s car but he drove to his driveway. There ultimately was a dog sniff of the car. The court finds that, by driving to his driveway with police behind him, his actions were consent for police … Continue reading

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N.D.Ill.: Shots fired call specifying def’s backyard was exigency permitting entry

A report of gunshots from defendant’s backyard justified exigency entry into yard. “In response to Officer Gali’s statement that they could do it the easy way or get a search warrant, Pouncey responded, ‘go ahead, bro.’ The Court reviewed the … Continue reading

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W.D.Ky.: Even if putting key in lock violated Jardines, its use in SW application was in good faith

Pre-Jardines case law held that putting a key in a lock wasn’t a search. Here, the police did that to help establish probable cause. Whether Jardines changed that rule or not, it’s not decided here because the good faith exception … Continue reading

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