Category Archives: Curtilage

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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D.S.D.: Reasonable to stop car driving off rural property as police arrive to execute a SW

Officers arrived with a search warrant for a house on rural property, and a vehicle was leaving. It was reasonable to stop the vehicle to determine whether it or an occupant belonged at the house and was covered by the … Continue reading

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NC: Car parked on street was not on the curtilage

A car parked on the street next to a house was not on the curtilage as a matter of law. Based on undisputed facts in the record, however, the officer had probable cause to search the car on the street. … Continue reading

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CA6: SWAT team surrounding a house for a knock-and-talk violates 4A

Sending the SWAT team to surround a house for a knock-and-talk violated the Fourth Amendment. Having officers in the backyard for officer safety may serve that function, but it’s still a violation of the curtilage under the Fourth Amendment. There … Continue reading

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CA7: Pre-Carpenter CSLI was valid in good faith reliance on SCA (Davis not cited)

Defendant’s pre-Carpenter CSLI gathering was challenged under the theory that the SCA statute was unconstitutional. It was done in good faith reliance on the statute under Krull v. Illinois, and there would be no exclusion. (Davis good faith is not … Continue reading

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MN: Apt building common hallway not curtilage under Jardines for dog sniff

Dog sniff in the common hallway of an apartment building wasn’t unreasonable because it’s not curtilage under Jardines. State v. Edstrom, 2018 Minn. LEXIS 446 (Aug. 15, 2018). There was nexus: “Here, the investigating officer had significant experience. The officer … Continue reading

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FL2: Car outside motel room can’t be searched under SW for room; it’s not “curtilage”

Police surveilled three motel rooms for drug activity, and finally they procured a search warrant for the three rooms. They also searched the cars associated with those rooms under the theory the cars were within the curtilage of the motel … Continue reading

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M.D.Ala.: Def’s 13 year old child could consent to entry, but not to search of house

ICE surveillance on defendant’s road into his property was not on the curtilage because it went to parts of defendant’s rural property other than the home. “Just as with the barn in Dunn, there is ample evidence that the road … Continue reading

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GA: In responding to 911 call of a loud party where homeowners weren’t present, entry into backyard violated curtilage

Police received a report of a party going on at a house, and they walked to the back of the house where it was. There were many people on a deck, and they suspected from a radio call that the … Continue reading

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N.D.Ill.: Collins v. Virginia doesn’t apply to a shared parking area which is not curtilage

Collins v. Virginia does not apply to shared parking areas which are not curtilage. “United States v. Jones, 2018 U.S. App. LEXIS 16409 (2d Cir. June 19, 2018), Jones’s vehicle was parked in a parking lot behind the multi-family building … Continue reading

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Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage”

Reason.com: Volokh Conspiracy: Collins v. Virginia and “the Conception Defining the Curtilage” by Orin Kerr: A familiar idea “easily understood from our daily experience” — or is it?

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SCOTUS: “The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.”

The power of curtilage: Collins v. Virginia, 2018 U.S. LEXIS 3210 (May 29, 2018) (8-1, Alito dissenting):

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