{"id":65063,"date":"2026-10-22T10:02:33","date_gmt":"2026-10-22T15:02:33","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65063"},"modified":"2026-10-22T10:02:33","modified_gmt":"2026-10-22T15:02:33","slug":"s-d-ga-defs-car-in-driveway-next-to-sidewalk-was-not-on-curtilage","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=65063","title":{"rendered":"S.D.Ga.: Def&#8217;s car in driveway next to sidewalk was not on curtilage"},"content":{"rendered":"\n<p>Defendant\u2019s vehicle in his driveway 2-3 steps from the sidewalk was not on the curtilage. United States v. Polk, 2026 U.S. Dist. LEXIS 238708 (S.D. Ga. Oct. 19, 2026).<\/p>\n\n\n\n<p>\u201cThe Court finds, based on the totality of the circumstances, that there was the requisite nexus to establish probable cause to support the challenged warrant. The real question defendant poses is whether there is a fair probability that a person would conceal evidence of a crime&#8211;in particular, a firearm&#8211;at a residence that they visited frequently, before and immediately after they allegedly were involved in a shooting, parked their one vehicle and two rental vehicles at, contacted via cell phone a resident of 685 times over two months, was the residence of someone with whom they were a \u2018close associate,\u2019 and where it was likely they were currently located on the date law enforcement requested the search warrant and where the vehicle they drove to and from the shooting was parked. The Court finds that the answer to that question is yes.\u201d United States v. Robertson, 2026 U.S. Dist. LEXIS 239173 (N.D. Iowa Oct. 20, 2026).*<\/p>\n\n\n\n<p>The seizure of defendant\u2019s cell phone at the time of his arrest was reasonable on the totality of circumstances. Maldonado v. Gilroy, 2026 U.S. Dist. LEXIS 239458 (M.D. Pa. Oct. 20, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s vehicle in his driveway 2-3 steps from the sidewalk was not on the curtilage. United States v. Polk, 2026 U.S. Dist. LEXIS 238708 (S.D. Ga. Oct. 19, 2026). \u201cThe Court finds, based on the totality of the circumstances, that &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=65063\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[5,19,38],"tags":[],"class_list":["post-65063","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-curtilage","category-nexus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65063","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=65063"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65063\/revisions"}],"predecessor-version":[{"id":65064,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65063\/revisions\/65064"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65063"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65063"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}