{"id":15177,"date":"2014-12-28T01:00:00","date_gmt":"2014-12-28T06:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15177"},"modified":"2014-12-25T10:10:15","modified_gmt":"2014-12-25T15:10:15","slug":"wi-apartment-buildings-parking-garage-was-not-part-of-the-apartments-curtilage","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15177","title":{"rendered":"WI: Apartment building\u2019s parking garage was not part of the apartment\u2019s curtilage"},"content":{"rendered":"

An apartment building\u2019s parking garage was not part of the apartment\u2019s curtilage. \u201cDumstrey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Dumstrey argues that the off-duty officer who pursued him in traffic violated Dumstrey’s Fourth Amendment rights when the officer followed Dumstrey into the parking garage of Dumstrey’s apartment complex and blocked the garage door so that on-duty officers could enter and arrest Dumstrey. We conclude that the warrantless and nonconsensual entry into Dumstrey’s apartment complex parking garage did not violate Dumstrey’s Fourth Amendment right to be free from unreasonable search and seizure because the area was not curtilage of Dumstrey’s apartment home. It was not an area in which he had a reasonable expectation of privacy. The judgment of the circuit court is affirmed.\u201d State v. Dumstrey<\/a>, 2014 Wisc. App. LEXIS 1021 (December 23, 2014).<\/p>\n

Officers responded to a shots fired call, and stopped defendant nearby on the street and asked whether he\u2019d heard anything or knew anything, and that wasn\u2019t a \u201cstop.\u201d However, officers did see the shape of a gun under his shirt and that justified a frisk. United States v. Moore, 2014 U.S. Dist. LEXIS 176826 (W.D. Pa. December 22, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

An apartment building\u2019s parking garage was not part of the apartment\u2019s curtilage. \u201cDumstrey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense. Dumstrey argues that the off-duty officer who pursued him in traffic … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,35],"tags":[],"class_list":["post-15177","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15177","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15177"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15177\/revisions"}],"predecessor-version":[{"id":15178,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15177\/revisions\/15178"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15177"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}