MA: Driveway used for parking is not curtilage when car visible to all

Defendant’s vehicle was not parked within the curtilage of his home. The officer’s observations of the vehicle did not constitute a search under the Fourth Amendment or the Mass. Const. Decl. Rights art. 14. Defendant’s house was set back from a long driveway, the vehicle was visible to passersby in the street, there was no testimony that defendant used the driveway for anything other than parking cars, and defendant took no steps to conceal the vehicle in the driveway from observation. Commonwealth v. Wittey, 2023 Mass. LEXIS 218 (June 5, 2023).

The search incident of defendant’s jacket within his reach was reasonable. United States v. Salazar, 2023 U.S. App. LEXIS 13711 (7th Cir. June 2, 2023).*

On the totality, the CI’s information was not significant to probable cause for the warrant because surveillance and traffic stops provided enough. State v. Johns, 2023 Del. Super. LEXIS 272 (May 31, 2023).*

Under circuit precedent, a Bivens claim that goes beyond Bivens on its facts is going to be denied. Wells v. Fuentes, 2023 U.S. Dist. LEXIS 96692 (E.D. Va. May 31, 2023).*