Category Archives: Curtilage

CA4: Common hallway of apartment building not curtilage under Jardines

“[T]he common hallway of the apartment building, including the area in front of Makell’s door, was not within the curtilage of his apartment” under Jardines. United States v. Makell, 2018 U.S. App. LEXIS 12016 (4th Cir. May 8, 2018). There … Continue reading

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W.D.Okla.: SW for vehicles and “appurtenances” didn’t include a car and camper 100′ from house off the curtilage

The search warrant for defendant’s dwelling included vehicles and “appurtenances” on the land. Defendant’s vehicle and camper were about 100′ from the dwelling, and the court finds they were not on the curtilage of the dwelling. Moreover, the good faith … Continue reading

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CA2: Def’s yard in Staten Island was curtilage; there is curtilage even in an urban area

A yard of house in Staten Island was search by NYPD at 3:30 am. The Second Circuit finds the search violated the curtilage. The yard qualifies under Dunn and Jardines. United States v. Alexander, 2018 U.S. App. LEXIS 11093 (2d … Continue reading

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PA: Def consented to recordings of jail calls, and this is an exception to the state wiretap statute

The trial court’s findings of fact and conclusions of law were completely wrong. Defendant had no reasonable expectation of privacy concerning his jail calls made over a television monitor and through a computer system. This was a case of consent … Continue reading

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CA11: Ten officers for a “knock and talk” violated Jardines, but it wasn’t the cause of the search of the house

Ten officers approaching defendant’s house for a “knock-and-talk” violated Jardines, but that doesn’t matter because it didn’t lead to the discovery of evidence. Defendant didn’t see them, and he opened the door in response to the knock. Then the officer … Continue reading

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TX5: Pre-Jardines dog sniff was apparently valid at the time and wouldn’t be suppressed

Defendant’s home was subjected to a dog sniff a year before Jardines. Relying on that, the trial court suppressed. Because enough Texas cases held similar searches were valid prior to Jardines, the court concludes that the exclusionary rule would not … Continue reading

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NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

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ME: Entry on curtilage for “security check” just before SW issued was inevitable discovery

Officers arrested defendant’s housemate at a motel for attempting to buy oxycontin. Somehow, not described, this led to probable cause to search her house. While other officers were obtaining a search warrant, two officers went to the house for a … Continue reading

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MN: Officer’s entry on def’s property to look at serial number of an allegedly stolen camper violated curtilage; entry suppressed

Defendant was a suspect in having a stolen pop-up camper on his property. The victim saw it and called the police. The police entered to look at the serial number on the camper, but it was curtilage under Dunn. The … Continue reading

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D.Utah: The REP is reduced on the curtilage of a duplex

Defendant was found to have abandoned property on the common area of the duplex. The privacy of the curtilage is reduced when there are others on the joint property of a duplex. United States v. Lucero, 2018 U.S. Dist. LEXIS … Continue reading

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NY2: Former evicted tenants back on premises were trespassers and had no REP

The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 … Continue reading

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ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

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