CA8: Where driveway encircles house and car parked in back, curtilage not violated

Officers did not violate the curtilage by driving down a road looking for somebody when they came upon a house with a driveway that went around it, and the only car was parked behind it. They parked there and encountered defendant and smelled green marijuana. Defendant didn’t have standing to contest the search of the next door house which he described for the police as his landlord after he already said he didn’t know them. United States v. Bearden, 2015 U.S. App. LEXIS 4193 (8th Cir. March 17, 2015).

A Nebraska state judge issued a search warrant allegedly executed in violation of the state law on nighttime searches. This is irrelevant for Fourth Amendment purposes. On the merits, there was a sufficient showing for a nighttime search. United States v. Reed, 2015 U.S. Dist. LEXIS 32853 (D.Neb. February 4, 2015).*

At best for defendant, only one of the challenged statements in the affidavit was recklessly made, and removing it from the affidavit still leaves probable cause. State v. Willis, 2015 Tenn. Crim. App. LEXIS 169 (March 13, 2015).*

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