NY Bronx: Front stoop of a multifamily dwelling isn’t protected curtilage

The front stoop of a multifamily dwelling in the Bronx isn’t protected curtilage. In re of Y.N., 2021 NY Slip Op 51108(U), 2021 N.Y. Misc. LEXIS 5975 (Bronx Co. Family Nov. 12, 2021) (unpublished):

While the Supreme Court in Florida v. Jardines did indicate that the “front porch is the classic exemplar” of a home’s curtilage, this is not necessarily akin to a set of shared stairs leading up to the entrances of a two-family home. 569 U.S. at 1, 133 S. Ct. 1409, 185 L. Ed. 2d 495 (2013) (citing Oliver v. United States, supra). The stairs here have neither sufficient space, privacy, nor exclusive use and access to warrant the extension of the curtilage exception that is generally granted to a home’s front porch. The circumstances of the stoop here draw more parallels to the finding in People v. Anderson, which established there is no legitimate expectation of privacy in areas which are accessible to all tenants and their invitees. 306 AD2d 536, 761 N.Y.S.2d 855 (2d Dep’t 2003) (internal citations omitted). The finding of People v. Land, 198 AD2d 438, 604 N.Y.S.2d 146 (2d Dep’t 1993) supports this analysis, as the Second Department found that the defendant’s stoop, which was “beyond the threshold of his residence” outside of his front door, was not within the curtilage of his home.

Other Dunn and lack of privacy factors were discussed, too.

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