N.D.Fla.: Entry onto 3-4 acre plot for knock-and-talk lawfully entered curtilage

Defendant lived on a 3-4 acre plot, and police lawfully entered through an open gate to conduct a knock-and-talk at defendant’s door. Exactly where the curtilage ends isn’t clear, but it certainly was close to the house where they were. But, the privacy of the curtilage was not violated. After a long and sensitive discussion of consent, the court finds consent on the totality. United States v. Treffinger, 2017 U.S. Dist. LEXIS 98464 (N.D. Fla. March 16, 2017).

Way overtinted windows justified the traffic stop and that led to the smell of marijuana. United States v. Nieves, 2017 U.S. Dist. LEXIS 96915 (D.P.R. June 22, 2017).*

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