FL2: Car outside motel room can’t be searched under SW for room; it’s not “curtilage”

Police surveilled three motel rooms for drug activity, and finally they procured a search warrant for the three rooms. They also searched the cars associated with those rooms under the theory the cars were within the curtilage of the motel rooms as in Summers v. Michigan. The trial court agreed, but the court of appeals does not. Citing authority from other jurisdictions, the court concludes that there is no curtilage of a motel room like with a house, and the search of the cars is suppressed. Shannon v. State, 2018 Fla. App. LEXIS 10491 (Fla. 2d DCA July 27, 2018).

The officer had probable cause on the totality for a search of defendant’s car during a traffic stop.
“Based on Curley’s furtive movements, nervous demeanor and possession of a digital scale containing suspected cocaine residue, Officer Owens conducted a search of Curley’s vehicle.” The court declines to break it down to each individual fact because that’s contrary to the totality test. Curley v. Commonwealth, 2018 Va. LEXIS 97 (July 26, 2018).*

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