A firepit in defendant\u2019s yard (an \u201coutdoor living area\u201d) was part of the curtilage. The officer, however, was lawfully on the curtilage for a knock-and-talk. United States v. Thurman, 2023 U.S. Dist. LEXIS 9358 (E.D. Tenn. Jan. 19, 2023).*<\/p>\n\n\n\n
Sometimes probable cause is virtually overwhelming, and attacking it isn\u2019t worth the time. \u201cAgent Stewart’s affidavit contains ample, cross-corroborated information regarding Garner and Ortiz’s suspected drug dealing and firearms crimes. That information includes, inter alia, that Garner packaged heroin at 1621 Market Street and maintained a stash house at 606 North 17th Street (two locations affiliated with the \u2026 conspiracy), and traveled interstate to \u2018pick up,\u2019 \u2026; that Ortiz participated in three controlled sales of heroin, \u2026; that investigators observed Garner engaging in conduct consistent with drug dealing on multiple occasions (two hand-to-hand exchanges, swapping vehicles, and retrieving items stored under a vehicle’s hood), \u2026; that Brown told another associate he had given Garner a cell phone to deal drugs, \u2026; and that Garner had engaged in a \u2018consistent and sustained\u2019 pattern of cell phone communication with Brown, Ortiz, and other drug dealers within the \u2026 drug-trafficking organization, \u2026.\u201d United States v. Garner, 2023 U.S. Dist. LEXIS 9625 (M.D. Pa. Jan. 19, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A firepit in defendant\u2019s yard (an \u201coutdoor living area\u201d) was part of the curtilage. The officer, however, was lawfully on the curtilage for a knock-and-talk. United States v. Thurman, 2023 U.S. Dist. LEXIS 9358 (E.D. Tenn. Jan. 19, 2023).* Sometimes … Continue reading