Category Archives: Curtilage

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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AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings

Defendant had an opaque privacy fence and allegedly had no trespassing signs. His mailbox was outside the fence and there were security cameras. The officer passed both to come to the door to knock, and then he could smell marijuana. … Continue reading

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IL refuses to differentiate between homes and apartment buildings for dog sniffs at the door

IL refuses to differentiate between homes and apartment buildings for dog sniffs at the door because an apartment is still a “house” under the Fourth Amendment, and a different rule is unfair. An apartment dweller’s curtilage is his or her … Continue reading

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NC: Officers doing a knock-and-talk didn’t unreasonably “linger” in violation of Jardines

Officers could enter defendant’s driveway to conduct a knock-and-talk, and they didn’t “linger” long in violation of Jardines. They smelled marijuana coming from the garage, and that was sufficient to get a search warrant. Defendant’s argument about the sign on … Continue reading

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CA6: Officer spent 90 minutes at plaintiff’s house on the curtilage trying to get him to come out for a probation breath test; that violated 4A but officer gets QI

Plaintiff is a probationer who had a police officer show at his house to get a breath sample per his probation conditions. Despite repeated knocking and use of the police car’s PA system, plaintiff didn’t come to the door and … Continue reading

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PA: The automobile exception doesn’t apply in def’s own driveway; PA SCt held that before Collins

The police had a defective search warrant to bring them to defendant’s house to search the car in the driveway. The Pennsylvania Supreme Court held the year before Collins v. Virginia that the automobile exception didn’t apply in one’s driveway, … Continue reading

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