Category Archives: Curtilage

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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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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