Category Archives: Trespass

E.D.Mich.: Detroit’s removal of 85 used cars parked on city land as a trespass was reasonable

Plaintiff is a used car dealer who parked cars on a city owned lot that they were trying to acquire, but it never went through. The cars weren’t removed despite requests, so all 85 were towed off by towing companies … 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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S.D.N.Y.: 21 month pole camera surveillance of def’s front door was reasonable

Pole camera surveillance of defendant’s house for 21 months didn’t violate Fourth Amendment. He had a subjective reasonable expectation privacy, but it’s not one that society is prepared to recognize as reasonable. The court traces Katz to Jardines, and concludes … Continue reading

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WI: Are “open fields” on private property “public places” for officers committing a trespass?

WI holds that defendant as entitled to a self-defense instruction when he encountered two game officers on his property and thought they were trespassers. The concurring opinion concentrates on the intrusion into “open fields” and whether the state can treat … Continue reading

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MI: Predawn knock-and-talk was a trespass under Jardines; even Girl Scouts know better

Predawn (4 am in one case, 5:30 am in other) knock-and-talk was a trespass and violated social norms under Jardines. Implied license to enter the curtilage is time sensitive. People v. Frederick, 2017 Mich. LEXIS 1113 (June 1, 2017):

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OR: Here, “the ‘Private Drive’ and ‘No Trespassing’ signs did not objectively manifest an intention to prohibit public access”

“Thus, when viewed together, the ‘Private Drive’ and ‘No Trespassing’ signs did not objectively manifest an intention to prohibit public access to Lowe Road, particularly in the absence of other barriers to entry, such as fences, gates, or signs clearly … Continue reading

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E.D.La.: Swabbing car door handle for DNA without a SW is a trespass to chattels and barred by Jones

Swabbing a car door handle for DNA was a trespass against the plaintiff’s vehicle under Jones. A trespass to land is governed by the Fourth Amendment under Jardines and trespass to chattels is under Jones. Damage doesn’t have to occur … Continue reading

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PA: Entry up 200′ driveway to inspect hit-and-run vehicle did not violate curtilage

Defendant was suspected of being involved in a hit-and-run accident with a motorized wheelchair. Police got to his house, 200′ off the road, about an hour after the incident. Their entry up the driveway to inspect the damage on his … Continue reading

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N.D.Iowa: When no one answers a knock-and-talk, Jardines prohibits shining a flashlight in the window

The legal authority to enter to do a knock-and-talk under Jardines does not permit the police to shine flashlights in the windows when nobody answers. In addition, the government’s reliance on a Davis-type good faith exception for this conduct during … Continue reading

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S.D.Ga.: Corp. officer had no standing in search of company website; aside from the fact it’s on the Internet

Defendant had no standing over government search of a corporation’s website without showing that he had a reasonable expectation of privacy in the place searched. [If it’s on the Internet and open to the world, how is there conceivably any … Continue reading

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N.D.Cal.: Arguing for trespass rather than the reasonable expectation of privacy standard doesn’t enhance the likelihood of showing standing

Arguing for trespass rather than the reasonable expectation of privacy standard doesn’t enhance the likelihood of showing standing. “Proceeding under the trespass theory, rather than the reasonable expectation of privacy theory, defendants have not demonstrated that they have a possessory … Continue reading

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CA9: SCOTUS has never adopted trespass as a sole ground for a Fourth Amendment violation

Entry into the public areas of a motel where low income persons lived to look for code violations did not violate the Fourth Amendment. There was no reasonable expectation of privacy in those places, and the court declines to adopt … Continue reading

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