Category Archives: Curtilage

WA: Affidavit and SW didn’t need to specify statutes of crimes under investigation when it was apparent it was murder

The search warrant of defendant’s place for trace evidence of a dead body rather than the body itself was reasonable because the police had information that the body had been burned in a fire pit. In addition, the affidavit and … Continue reading

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WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

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VT: Game wardens’ entry on def’s curtilage to investigate deer jacking was reasonable as was look through detached garage window

Defendant was suspected of “deer jacking,” shooting a deer from outside the window of a homeowner before 4 am on Thanksgiving Day 2017. A game warden investigated at the scene finding deer blood and hair. The game warden had a … Continue reading

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E.D.Wis.: Handgun hidden in a dog house wasn’t subject to search for exigency

Defendant’s handgun was hidden in a doghouse on the curtilage. The court distinguishes other cases allowing a search for a firearm, particularly one where a loaded shotgun was publicly put in the trunk of a car and the keys left … Continue reading

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GA: Police approaching back door of apartment violated curtilage

Officers investigating stolen property found the thieves who said they traded the property to defendant for drugs. They went to his apartment in a quadplex to talk to him. Getting no answer at the front door, they walked on the … Continue reading

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KS: Words spoken on one’s curtilage heard off the property are not protected by the 4A

Defendant was convicted of violating an order of protection for speaking disparagingly about the other person. She made the comment from her curtilage to her husband but loud enough to be heard across the street where the other person lived. … Continue reading

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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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