Category Archives: Curtilage

WaPo: The Fourth Amendment and “no trespassing” signs

WaPo: The Fourth Amendment and “no trespassing” signs by Orin Kerr:

Posted in Curtilage, Reasonable expectation of privacy | Comments Off

OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid

The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. … Continue reading

Posted in Consent, Curtilage, Open fields | Comments Off

CA1: No curtilage in def’s apt building yard

Defendant’s curtilage to an apartment building wasn’t violated by police entry through an unlocked back gate to get to the front door. (That apparently was a common way in.) Defendant came to the door and let them in, and then … Continue reading

Posted in Curtilage, Qualified immunity | Comments Off

OH5: MJ grow in back yard visible from next door permitted officers to come to house to inquire

Defendant’s back porch was not curtilage. [Wrong! It is. We’ll just pretend the court didn’t say that.] Marijuana growing in the back yard was visible from the next door neighbor’s property, and that brought the officers to the house to … Continue reading

Posted in Curtilage, Plain view, feel, smell | Comments Off

FL2: Protective sweep of curtilage unreasonable; CI’s tip of obvious details to any observer not corroborated

The trial court erred in denying defendant’s motion to suppress under the protective sweep exception to the warrant requirement because the trial court’s finding that the detective’s intrusion onto the curtilage was justified for officer safety was not supported by … Continue reading

Posted in Curtilage, Probation / Parole search, Protective sweep | Comments Off

W.D.Mo.: Entry into the curtilage was justified by exigency of a shots fired call

Defendant’s next door neighbor called 911 to report shots fired at defendant’s house. When they arrived, officers set up a perimeter and entry into the curtilage was valid based on exigency, and a cartridge case was seen in plain view. … Continue reading

Posted in Curtilage, Emergency / exigency | Comments Off

Guam: Jardines curtilage doesn’t apply to castle doctrine and defense of dwelling

Jardines on curtilage doesn’t apply to the statute on the castle doctrine for defense of home which applies to the habitable dwelling and not the porch. Defendant’s proffer jury instruction was properly denied. People v. John, 2016 Guam 41, 2016 … Continue reading

Posted in Curtilage, Probable cause | Comments Off

CA8: Visitor at apt complex can’t claim standing in parking lot as alleged curtilage

Defendant didn’t have standing to claim that police entry into an apartment building’s parking lot was entry onto the curtilage because he didn’t live there. [It’s not curtilage anyway.] A cousin did, and he was an occasional visitor. Officers shining … Continue reading

Posted in Curtilage, Qualified immunity, Standing | Comments Off

SC: Entry into backyard for knock-and-talk was really a search violating curtilage

Officers entered defendant’s backyard, the curtilage, to conduct what they called a “knock-and-talk,” but it was really a search by their own admission, and they violated the Fourth Amendment. The trial court was correct in finding the backyard curtilage and … Continue reading

Posted in Curtilage, Knock and talk | Comments Off

CT: Dog sniff at door of condominium violates sanctity of home under state constitution and 4A

A drug dog sniff in the common areas of a condominium violated the state constitution. The Second Circuit held that as to the Fourth Amendment in 1985 in United States v. Thomas, 757 F.2d 1359 (2d Cir. 1985), and other … Continue reading

Posted in Curtilage, Dog sniff | Comments Off

NC: Search warrant for house included rental car on curtilage, reversing CoA

A search warrant for the home includes the curtilage, and that includes vehicles parked on the curtilage; here, a rental car. State v. Lowe, 2016 N.C. LEXIS 1116 (Dec. 21, 2016), rev’g State v. Lowe, 774 S.E.2d 893 (N.C. App. … Continue reading

Posted in Curtilage, Scope of search | Comments Off

IA: Ordering def off his porch and out to the driveway is a seizure

“[W]e conclude that White was seized within the meaning of the Fourth Amendment when Officer Stricker directed White to step off of the front porch and onto the driveway. We reach this conclusion for several reasons. …” State v. White, … Continue reading

Posted in Curtilage, Seizure | Comments Off