CA1: No curtilage in def’s apt building yard

Defendant’s curtilage to an apartment building wasn’t violated by police entry through an unlocked back gate to get to the front door. (That apparently was a common way in.) Defendant came to the door and let them in, and then there was consent. United States v. Pérez-Díaz, 2017 U.S. App. LEXIS 2036 (1st Cir. Feb. 3, 2017).

The officer had probable cause to stop plaintiff for driving a bicycle without a headlamp at night, and that led to a resisting without violence charge. There was no clear Fourth Amendment violation, and qualified immunity applies. Montanez v. City of Orlando, 2017 U.S. App. LEXIS 1857 (11th Cir. Feb. 2, 2017).*

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