Category Archives: Curtilage

IN: Knock-and-talk not barred by Jardines

DNA from a cold case murder was sent to a DNA genealogy company who tentatively matched defendant to the crime. Police did a trash pull and got more of a DNA match. Then they got a search warrant for his … Continue reading

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AR: Knock on door during visit to ask about a missing person lawfully resulted in plain view of blood spot on porch

While looking for a missing person with connection to defendant, police went to his place to talk to him. The officer knocked on his door but got no answer. As he turned to leave, he saw a spot of blood … Continue reading

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D.N.M.: Announcement of unlawful search here led to involuntary confession

“Here, the Agents did not, in the end, violate the Fourth Amendment. So, the question this Court confronts now is whether the announcement of an unlawful search, which is not in fact completed, render an elicited confession involuntary and inadmissible? … Continue reading

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NH: Enclosed porch is part of the house, not just part of curtilage

Defendant’s enclosed porch, which also was a living space, was part of the house and not just curtilage. Police entry was unreasonable. The fact there was another solid door to the main house isn’t determinative. There was no implied right … Continue reading

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C.D.Ill.: Entry onto def’s curtilage to investigate his weapon possession broadcast live on SnapChat was with RS and reasonable

Officers were regularly monitoring defendant’s SnapChat account and saw him in real time with a gun. He was a convicted felon. “The officers decided to go to the Residence to detain Banks on his porch to investigate whether he had … Continue reading

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D.N.H.: Jardines implied license to approach front door doesn’t extend to back patio

An implied license to come to the front door, if it exists under Jardines, doesn’t permit officers coming to the back patio area on the curtilage. Here, however, the emergency aid exception applied, and there was no Fourth Amendment violation. … Continue reading

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FL1: Drug dog sniff of motel door from common hallway reasonable

Drug dog sniff outside motel room door from common hallway invaded no reasonable expectation of privacy. Jardines inapplicable. Robinson v. State, 2021 Fla. App. LEXIS 13874 (Fla. 1st DCA Oct. 13, 2021). Defendant’s actions of pacing and reaching into his … Continue reading

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CA1: 5 am knock-and-talk violated Jardines

5 am knock-and-talk with repeated entries to the property and entreaties to get plaintiff to come out of the house violated the clearly established law of Jardines. French v. Merrill, 2021 U.S. App. LEXIS 29679 (1st Cir. Oct. 1, 2021):

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E.D.Ark.: No 4A REP in trash container at the street for pickup

Based on the undisputed facts (such that a hearing isn’t required), defendant’s trash was out for collection, and no reasonable expectation of privacy was violated by searching it, and then using that information to get a search warrant. “Here, Officer … Continue reading

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N.D.Ill.: Arrest in common area of apt building not on curtilage

Defendant’s arrest in a common area of an apartment building was not on the curtilage. United States v. Anderson, 2021 U.S. Dist. LEXIS 106278 (N.D. Ill. June 7, 2021). Defendant’s Franks challenge fails as to what was omitted from the … Continue reading

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IN: Plain view applied to vehicle seizure in driveway

Plain view justified the seizure of defendant’s van in his driveway, even assuming it was on the curtilage. It was immediately apparent to the officers it was criminal evidence. Combs v. State, 2021 Ind. LEXIS 358 (June 3. 2021). n.5:

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CA4: Trash out for collection at the curb is not on the curtilage

Trash out for collection at the curb is not on the curtilage. United States v. Holmes, 2021 U.S. App. LEXIS 16418 (4th Cir. June 2, 2021). The affidavit for a tracking warrant was misleading in one respect, but it wasn’t … Continue reading

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CA9: Franks violation states § 1983 claim

The DA declined to prosecutor the plaintiff because of a Franks violation in the affidavit for the search warrant. Plaintiff sued, and qualified immunity is found not inapplicable. Dahlin v. Frieborn, 2021 U.S. App. LEXIS 16077 (9th Cir. May 28, … Continue reading

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CA4: Trash container in open at curb was not on curtilage under Dunn factors

Trash at the curb for pickup was not on the curtilage under Dunn. The area was wide open. United States v. Lipford, 2021 U.S. App. LEXIS 12697 (4th Cir. Apr. 28, 2021). Factual disputes aside, this much is undisputed: “The … Continue reading

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DE: Trash container at street was not on curtilage

Defendant’s trash container at the foot of his driveway awaiting pickup was not on the curtilage. Moreover, he had no reasonable expectation of privacy in it sitting there. State v. Peart, 2021 Del. Super. LEXIS 243 (Mar. 25, 2021). Rooker-Feldman … Continue reading

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C.D.Cal.: The ledge outside an apartment window is not part of the curtilage

Defendant’s apartment had a box placed out on the ledge below a window visible to passersby. This was not part of the curtilage because it was visible and accessible to others. (Moreover, officers got a search warrant for it. ) … Continue reading

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OR: Entry onto curtilage to closely examine car for evidence of hit-and-run exceed implied consent of entry

After a hit-and-run accident, police took a bumper part left at the scene. They ultimately located the probable car at defendant’s house. The police, as any other visitor, had implied authority to enter the curtilage but not to look at … Continue reading

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CA5 declines to extend Bivens to 4A claims outside the home

Court declines to extend Bivens to a search in parking lot because it thinks SCOTUS would agree. Bivens was a search of the home. Byrd v. Lamb, 2021 U.S. App. LEXIS 6844 (5th Cir. Mar. 9, 2021). “Henriquez-Perez has not … Continue reading

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M.D.Pa.: Tent in an open field might have had REP, but it was open to view inside and plain view applied

Assuming defendant’s tent in an “open field” area had a reasonable expectation of privacy (as the Ninth Circuit would hold), the tent was open and the officer could see in. There was no curtilage to the tent in an open … Continue reading

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OH12: Officer responding to a mistreated dog call could walk to fence and look through then seize dog on exigency

An officer responded to an animal abuse complaint of a maltreated dog in defendant’s backyard. He parked in the driveway and walked to the door to inquire. No answer. He could see a fence with a missing board from the … Continue reading

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