Category Archives: Curtilage

TX14: No REP in a driveway def pulled into apparently hoping to ditch following police

Defendant’s red Ford Expedition was seen leaving an armed robbery, and the police were looking for it, finding it driving on the street. They followed, and it pulled into a driveway. Defendant shows no reasonable expectation of privacy in the … Continue reading

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CA8: QI denied for entering the wrong house at 3 am looking for taxi fare skipper

Police looking for a taxicab fare skipper at 3 am found a door to a garage ajar and entered plaintiffs’ home with guns drawn. They encountered plaintiffs outside their bedroom but never found the fare skipper. Plaintiffs sued. The court … Continue reading

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E.D.N.Y.: 6 am knock-and-talk was not unreasonable

A 6 am knock-and-talk was not shown to be unreasonable [on the totality] under Jardines. Defendant doesn’t claim that he was too sleepy to respond to them. United States v. Ofsink, 2021 U.S. Dist. LEXIS 24933 (E.D. N.Y. Feb. 8, … Continue reading

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E.D.Mich.: PC a close call, so GFE applies

“Ultimately, the Court need not decide which side of the Ramirez-Merriweather line [of probable cause] this case falls. It suffices to say that, especially because the search warrant affidavit makes no mention of any communications involving Jackson’s cell phone, it … Continue reading

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M.D.La.: Driveway here was not Curtilage “intimately tied to the home”

Defendant’s driveway was not Curtilage “intimately tied to the home.” United States v. Martinez-Velazquez, 2021 U.S. Dist. LEXIS 15723 (M.D. La. Jan. 28, 2021):

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CA10: Code enforcement officer coming to ptf’s door to talk to him didn’t violate curtilage

A city code enforcement officer who came to plaintiff’s door for a couple of minutes to attempt to talk to him about a sign code violation did not violate the curtilage. Clark v. City of Williamsburg, 2021 U.S. App. LEXIS … Continue reading

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OH7: Police going to def’s back window and video recording him in house violated curtilage

A police officer coming to the back of defendant’s house to look in the window and video him with a cell phone violated curtilage and his reasonable expectation of privacy. State v. Desarro, 2020-Ohio-6815, 2020 Ohio App. LEXIS 4661 (7th … Continue reading

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CA10: There was no violation of curtilage for def’s home on grounds of 24/7 storage company

Defendant lived on the grounds of a 24/7 storage building company. At 2:30 am, officers investigating saw cars coming and going from the residence. They approached his building, and the approach way wasn’t curtilage under Dunn. United States v. Powell, … Continue reading

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CA5: Temporary guest on property had no standing on the curtilage

A temporary guest on the property had no standing in the curtilage. Even so, the officer’s merely looking in his vehicle and seeing Sudafed in plain view wasn’t a Fourth Amendment violation. “It is undisputed that Carr had been inside … Continue reading

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NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading

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MA: Apt building hallway near apt was neither a constitutionally protected area nor curtilage

The hallway near defendant’s apartment in a multi-unit apartment building was not a constitutionally protected area nor within the apartment’s curtilage. Defense counsel wasn’t ineffective for not moving to suppress his arrest and search in the common area. Commonwealth v. … Continue reading

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N.D.W.Va.: A pipe in a car that could have legitimate uses still was incriminating enough for plain view

A pipe logically and usually used for smoking pot was seized in plain view because its incriminating nature was immediately apparent. The fact it could be used for legal substances doesn’t detract from that. United States v. Runner, 2020 U.S. … Continue reading

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S.D.Fla.: While one’s roof is on the curtilage, it lacks a REP

Defendant’s roof was not a place with a reasonable expectation of privacy despite the fact it was on the curtilage (decided in the context of an ineffective assistance of counsel claim). Davis v. United States, 2020 U.S. Dist. LEXIS 201562 … Continue reading

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E.D.Ky.: Trash search entered constitutionally protected area, and there’s no trash search exception to curtilage

The officers entered a constitutionally protected area of defendant’s property for a trash seizure. The court also declines to adopt a “trash exception” to curtilage that trash expected to be picked up later is not protected. United States v. Gregory, … Continue reading

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TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

HIPAA doesn’t create a reasonable expectation of privacy in one’s blood sample obtained for medical treatment. HIPAA recognizes criminal process to obtain it. Consuelo v. State, 2020 Tex. App. LEXIS 8460 (Tex. App. – Dallas Oct. 27, 2020). Any lack … Continue reading

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SCOTUS: three dissent from denial of cert.: Jardines requires reversal

Bovat v. Vermont, 2020 U.S. LEXIS 5057 (Oct. 19, 2020) (Gorsuch dissenting from denial of certiorari with Sotomayor and Kagan):

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