{"id":3908,"date":"2010-05-18T22:14:25","date_gmt":"2010-03-01T07:57:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-01T07:57:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3908","title":{"rendered":"CA11: Open garage facing street was not curtilage"},"content":{"rendered":"<p>Attempted entry into an open garage in broad daylight was not curtilage. Plaintiff was arrested for obstructing a court order when the officers attempted to enter the garage to serve a court order and the plaintiff tried to close the door on them.  <a href=\"http:\/\/www.ca11.uscourts.gov\/opinions\/ops\/200814538.pdf\">Coffin v. Brandau<\/a>, 597 F.3d 1205 (11th Cir. 2010)*:<\/p>\n<blockquote><p>The third and fourth Dunn factors, however, weigh strongly against the garage constituting curtilage when the Deputies arrived. When the Deputies arrived, there was still daylight. The Coffins did not take steps to protect the interior of the garage from the observation of people passing by. Both cars were in the driveway and the garage door was open. Mrs. Coffin agreed that &#8220;[i]t would be fair to say that until the moment [she] pushed the control to shut the overhead door, &#8230; the interior of the garage was visible from the street.&#8221; Under these circumstances, we cannot say it is clear that the Coffins&#8217; garage enjoyed Fourth Amendment protections. Moreover, there is no evidence in the record that the garage was being used for intimate purposes when the Deputies arrived. The Coffins were not inside the garage, and when questioned about the contents of the garage, Mrs. Coffin replied that it contained &#8220;[t]oo much. Motorcycle, lawn mower, a bike, a couple bikes, toolboxes.&#8221; These items do not suggest that the sanctity that we credit a home should extend to the Coffins&#8217; garage.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3908\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3908","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3908","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3908"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3908\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3908"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3908"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3908"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}