Category Archives: Curtilage

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

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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

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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

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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

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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

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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

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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

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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

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OH7: Enclosed porch door was curtilage, but inside door was threshold door

Defendant’s house had an unlocked porch door and a door inside. The porch door was part of the curtilage, but it was reasonable for persons visiting to go to the inside door and knock. “Based on this record, the facts … Continue reading

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OH1: Leaving drug house under surveillance for two weeks was RS

It was reasonable suspicion for defendant to visit a house under surveillance for two weeks as a drug house with detailed collection of information about comings and goings. State v. Donohue, 2017 Ohio App. LEXIS 3668 (1st Dist. Aug. 25, … Continue reading

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M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

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