S.D.Fla.: Officer’s presence on driveway didn’t violate curtilage

Defendant showed a reasonable expectation of privacy in his grandmother’s house because he’d been living there for years, got mail there, and had been arrested there at least twice before: It was his residence. The driveway of the house was not protected curtilage when the officer was there and saw the defendant throw a firearm onto the roof of the house. The driveway was a normal route of egress. “Moreover, the side and backyards of the house were also not shielded from public view, or intrusion via the driveway, and thus were also not protected areas. The officer was justified in following the Defendant around the house based upon his reasonable suspicion.” United States v. Davis, 2016 U.S. Dist. LEXIS 58055 (S.D.Fla. April 1, 2016), adopted 2016 U.S. Dist. LEXIS 58088 (S.D. Fla. Apr. 29, 2016).

This entry was posted in Curtilage, Standing. Bookmark the permalink.

Comments are closed.