Category Archives: Curtilage

AL: City code enforcer violated 4A by entering curtilage and towing cars

A city code enforcement officer entering plaintiff’s curtilage to have towed two cars in the front yard implicated the Fourth Amendment. There was no right to be heard about the basis of the seizure, so due process is implicated. The … Continue reading

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OH2: Warrantless entry into backyard on seeing a severely malnourished dog was reasonable

Police entry into defendant’s backyard in search of a severely malnourished dog was reasonable where the police were called about a sick dog at large. State v. Glowney, 2019-Ohio-3390, 2019 Ohio App. LEXIS 3473 (2d Dist. Aug. 23, 2019). Plaintiff’s … Continue reading

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W.D.Va.: Looking through porch window was a search, but justified by officer safety

Looking in the porch window is a violation of the curtilage and a search. Here, however, it was justified by the exigency of officer safety. United States v. Macdowell, 2019 U.S. Dist. LEXIS 139432 (W.D. Va. Aug. 19, 2019). As … Continue reading

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TX3: Finding drugs on the driver is PC to search the car

Finding drugs on the person during a lawful stop and search of the person provides probable cause to search the car. State v. Pena, 2019 Tex. App. LEXIS 7015 (Tex. App. – Austin Aug. 13, 2019). The search warrant legitimately … Continue reading

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D.P.R.: Being handed a bag for five seconds wasn’t enough to create standing

Analyzing bailments under PR law and First Circuit and SCOTUS cases (particularly Rawlings), defendant’s precipitous five second holding of a bag handed off to him wasn’t sufficient to create a bailment or give him standing in the bag. United States … Continue reading

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CA8: Second attempt at knock-and-talk wasn’t unreasonable under Jardines

Officers went to defendant’s home for a knock-and-talk and could smell green marijuana. Their second attempt at a knock-and-talk wasn’t unreasonable under Jardines. United States v. White, 2019 U.S. App. LEXIS 19446 (8th Cir. June 28, 2019). “Ferguson, however, does … Continue reading

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NC: Going to back door after no answer in a knock-and-talk violates Jardines

Police went to do a knock-and-talk and nobody answered at the front door. Going to the back door, ostensibly as an extension of the knock-and-talk, violated curtilage under Jardines. What was seen went into a search warrant application, and it … Continue reading

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LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

“Defendant may not retreat to the curtilage of his home to avoid arrest.” State v. Nolan, 2019 La. App. LEXIS 1085 (La. App. 3 Cir. June 12, 2019). The smell of marijuana was justification for search of defendant’s person. A … Continue reading

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W.D.La.: Def didn’t have a REP in a friend’s carport visible from the street when police saw him

Defendant was on the carport of a house, and he was mistaken for a wanted person. It was not unconstitutional for officers to tell him to put his hands on his head for safety reasons. Officers came in and he … Continue reading

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TX3: Dashcam audio of ptf on her porch over her objection cannot be public record

Plaintiffs were the subject of police recordings on her porch during a welfare check. Others sought a public records request for her dashcam recordings and audio of the conversation. Mrs. King was a former member of the Texas legislature and … Continue reading

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IN: SW for house includes the curtilage

A search warrant for a house gives police the ability to search the curtilage, too. Hardin v. State, 2019 Ind. App. LEXIS 234 (May 29, 2019). Navajo Nation police officers had implied license to approach the front door of a … Continue reading

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MO: SW for a house includes the garden in the curtilage

The search warrant for defendant’s home authorized a search of defendant’s garden because, under Jardines, the curtilage is considered part of the house itself. State v. Daggett, 2019 Mo. App. LEXIS 843 (May 28, 2019). A state court’s 2017 cell … Continue reading

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