Category Archives: Curtilage

TX5: Pre-Jardines dog sniff was apparently valid at the time and wouldn’t be suppressed

Defendant’s home was subjected to a dog sniff a year before Jardines. Relying on that, the trial court suppressed. Because enough Texas cases held similar searches were valid prior to Jardines, the court concludes that the exclusionary rule would not … Continue reading

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NJ: Police break-in into apartment building common hallway violated REP

In 2010, police broke into the outer door of a two unit apartment building and looked in defendant’s open door. By then, the state courts had already held there was a reasonable expectation of privacy in the common hallway of … Continue reading

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ME: Entry on curtilage for “security check” just before SW issued was inevitable discovery

Officers arrested defendant’s housemate at a motel for attempting to buy oxycontin. Somehow, not described, this led to probable cause to search her house. While other officers were obtaining a search warrant, two officers went to the house for a … Continue reading

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MN: Officer’s entry on def’s property to look at serial number of an allegedly stolen camper violated curtilage; entry suppressed

Defendant was a suspect in having a stolen pop-up camper on his property. The victim saw it and called the police. The police entered to look at the serial number on the camper, but it was curtilage under Dunn. The … Continue reading

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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

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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

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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

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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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