Category Archives: Constitutionally protected area

FL2: Crawl space below house screened off only by lattice work is a constitutionally protected area

One has a reasonable expectation of privacy in the crawl space below a Florida residence protected only by a lattice. A pill bottle seen there was argued by the state to be abandoned, but it was in a constitutionally protected … Continue reading

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TX: Dorm RA couldn’t consent to police entry to dorm room to search for drugs

An RA in a college dorm searched defendant’s room and found drugs. The police were called and they entered the room and seized the drugs. There is no dorm room exception to the Fourth Amendment. This is not the same … Continue reading

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CA7 gives an interesting historical and current summary of “the Supreme Court[‘s] … reviv[al of] a ‘property-based approach to identify unconstitutional searches.”

Defendant had no reasonable expectation of privacy in the basement area of an apartment building. Neither was it curtilage. The court includes an interesting historical and current summary of “the Supreme Court[‘s] … reviv[al of] a ‘property-based approach to identify … Continue reading

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TX14: Dog sniff at apartment door was curtilage and violated Jardines

The use of a drug dog at defendant’s apartment door violated the Fourth Amendment. Defendant’s garage across the road is a different matter, but it doesn’t have to be decided. Officers showed PC for a search of defendant’s garage in … Continue reading

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IL: Dog sniff at an apartment’s door at 3:20 am was unreasonable under Jardines

Dog sniff at an apartment’s door at 3:20 am was unreasonable under Jardines. It was a “constitutionally protected area.” People v. Burns, 2016 IL 118973, 2016 Ill. LEXIS 281 (March 24, 2016). Officers did a knock-and-talk based on apartment neighbors’ … Continue reading

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