Category Archives: Curtilage

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

Posted in Abandonment, Curtilage, Informant hearsay | Comments Off

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

Posted in Consent, Curtilage, Standing | Comments Off

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

Posted in Abandonment, Curtilage, Good faith exception, Probable cause | Comments Off

KS: College dorm lobby not curtilage

Defendant was arrested in the lobby of his college dorm at WSU. His room was on the fourth floor. The lobby was not part of his curtilage because hundreds come through there, residents and non-residents alike. State v. Bannon, 2018 … Continue reading

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SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights

SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights by Amy Howe. Transcripts: Byrd & Collins

Posted in Automobile exception, Curtilage, SCOTUS, Standing | Comments Off

D.Minn.: Def was a suspect in a stabbing, and police entered his property without a warrant claiming exigency; there was no exigency

Police came to defendant’s house because he was alleged to have stabbed somebody. They entered the curtilage without a warrant to look for evidence, and they found a bent bloody knife out in the rain. The warrantless entry was not … Continue reading

Posted in Curtilage, Emergency / exigency | Comments Off

VA: P2P file sharing to access CP wasn’t a trespass on the curtilage; def consented to entry into the computer

The officer’s actions in accessing defendant’s computer files by peer-to-peer file sharing did not constitute a trespass to his curtilage in violation of the Fourth Amendment. Defendant demonstrated his consensual participation in the file sharing community by installing file sharing … Continue reading

Posted in Computer searches, Curtilage, Trespass | Comments Off

IN: Officers jumping over a locked gate to investigate a noise complaint was unreasonable under Indiana Constitution

Defendant was at a conservation club he was a member of, and, during a party at the club, members were shooting at a pizza box made into a target. Because it was a weeknight and late, a neighbor was disturbed … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

CA9: Failure to argue curtilage was violated in district court barred argument on appeal

Viewing photographs of the scene, the district court could conclude that the officers could see defendant with methamphetamine in his garage. “Tran did not argue below that the officers unlawfully entered the curtilage of Chong’s home and therefore waived this … Continue reading

Posted in Burden of pleading, Burden of proof, Curtilage, Emergency / exigency | Comments Off

D.N.H.: Long driveway was not curtilage; that was marked by the gate nearer the house

Defendant had a long driveway, and officers drove up the driveway. It was not part of the curtilage. A gate at the end, however, did mark the curtilage. After that, consent to enter was granted. United States v. Smith, 2017 … Continue reading

Posted in Consent, Curtilage | Comments Off

HI: Fly-over of curtilage at 420′ violated REP under state constitution

Three fly-overs over the curtilage, one at 420′, was a violation of the Hawai’i Constitution, following the California Supreme Court in People v. Cook (1985). The Hawai’i Supreme Court differs from the Intermediate Court of Appeals on its analysis going … Continue reading

Posted in Curtilage, Reasonable expectation of privacy, State constitution | Comments Off

Cert. granted: Collins v. Virginia (does automobile exception apply to search a vehicle parked near to a house on curtilage)

Cert. granted: Collins v. Virginia, 16-1027 (ScotusBlog) Issue: Whether the Fourth Amendment’s automobile exception permits a police officer, uninvited and without a warrant, to enter private property, approach a house and search a vehicle parked a few feet from the … Continue reading

Posted in Automobile exception, Curtilage, SCOTUS | Comments Off