Category Archives: Curtilage

ND: Trial court’s finding of investigatory purpose for inventory search supported by record

The district court found that the purported inventory search was really for investigatory purposes, and the evidence supports that conclusion. The inevitable discovery exception also does not apply here. State v. Krall, 2023 ND 8, 2023 N.D. LEXIS 9 (Jan. … Continue reading

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E.D.Tenn.: Backyard firepit was part of curtilage

A firepit in defendant’s yard (an “outdoor living area”) 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

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CA3: Scope of curtilage argument changed on appeal and thus waived

This case involved an argument about what is curtilage around a tent and firepit. Explosives were found outside this curtilage. On appeal, the scope of curtilage changed, and it’s waived. United States v. Madziarek, 2022 U.S. App. LEXIS 34076 (3d … Continue reading

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IN: dog sniff outside a hotel room door was reasonable under the state constitution

A dog sniff outside a hotel room door was reasonable under the state constitution. (And, while other information was illegally gathered, this was enough for the warrant.) Crabtree v. State, 2022 Ind. App. LEXIS 385 (Dec. 1, 2022). Excessive force … Continue reading

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WI: Warrantless entry into curtilage was not hot pursuit

The officers here were not in continuous hot pursuit when they entered defendant’s fenced-in backyard, his curtilage. They went there on a call, and they weren’t following. Entry suppressed. State v. Wilson, 2022 WI 77, 2022 Wisc. LEXIS 99 (Nov. … Continue reading

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E.D.N.C.: SW needed for drone surveillance over a home

A request for a court order for drone surveillance over a home requires a warrant under the Fourth Amendment. A request under the All Writs Act isn’t the way to do it. In re Application of the United States For … Continue reading

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D.Me.: DEA could subpoena records investigating robbery of a marijuana dispensary

The DEA’s administrative subpoenas over records of the suspect over the alleged robbery of a marijuana dispensary were lawful exercises of power. Carpenter does not apply to mere phone records. United States v. Candelario, 2022 U.S. Dist. LEXIS 199195 (D. … Continue reading

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CT: Entry onto def’s deck was for community caretaking function

The officer’s entry onto defendant’s deck here was of a community caretaking function to inform defendant that a loved one was going to the hospital. It was like a knock-and-talk. State v. Kuehn, 2022 Conn. Super. LEXIS 2075 (Sep. 13, … Continue reading

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MA: Ptf stated claim for unjustified community caretaking entry to investigate alleged elder abuse

Plaintiff was caring for a 95-year-old retired priest. She stated a claim for a Fourth Amendment violation for a warrantless entry into her house, in part, under the community caretaking function without justification. Gallagher v. S. Shore Hosp., Inc., 2022 … Continue reading

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GA: Officers with an arrest warrant can enter the backyard, too

Officers with an arrest warrant for defendant at his place were permitted to enter the backyard too, where evidence was seen and seized. Jones v. State, 2022 Ga. LEXIS 256 (Sep. 20, 2022). Not mentioning in the affidavit for search … Continue reading

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S.D.Iowa: Video surveillance of an apartment door from a camera planted in a common area was subject to GFE

Officers planted a video camera hidden in a fake fire alarm in defendant’s apartment building hallway aimed at his door to record his comings and goings. The government argues whether this was reasonable doesn’t need to be decided because, even … Continue reading

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E.D.Ark.: Probation officer conducting home visit can smell around the door for drug use

A probation officer at defendant’s house for a home visit could smell around the door, and, here, the smell of marijuana being used inside was evident. That was not unreasonable. United States v. Toney, 2022 U.S. Dist. LEXIS 120895 (E.D. … Continue reading

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CA4: Asking motorist whether he is armed relates to officer safety

Asking motorist whether he is armed relates to officer safety, and it is reasonable during a stop. United States v. Racer, 2022 U.S. App. LEXIS 18664 (4th Cir. July 7, 2022). Dog sniff outside an apartment door didn’t violate any … Continue reading

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Cal.6: Calling drug dog before the stop helped show the stop was prolonged for dog’s arrival

The officer unreasonably prolonged the stop for the arrival of the drug dog. While subjective intentions aren’t determinative under Whren, here the officer called for the drug dog before the stop even happened. People v. Ayon, 2022 Cal. App. LEXIS … Continue reading

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CA6 & FL1: Fact hemp is legal doesn’t make smell of MJ lack PC

The fact that hemp was legal doesn’t make the smell like marijuana a lack of probable cause. United States v. McCallister, 2022 U.S. App. LEXIS 18642 (6th Cir. July 7, 2022) (people in a park); Hatcher v. State, 2022 Fla. … Continue reading

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TX13: Gated community not curtilage, but def’s own curtilage was violated

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.—Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant’s own curtilage was unreasonable. State v. … Continue reading

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MI: REP in def’s barns despite being a distance from home

Defendant had a reasonable expectation of privacy in two barns on his farm, one locked and one unlocked with the door partially open. Curtilage to the home doesn’t matter. A later search warrant only described the home and not the … Continue reading

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TX4: No REP in totaled car at the wrecker yard

Defendant totaled his car in an accident. The black box evidence was sought by warrant, but the court holds that defendant effectively abandoned the car to the wrecking yard. Vitela v. State, 2022 Tex. App. LEXIS 2759 (Tex. App. – … Continue reading

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OH1: GPS pings on stolen vehicle led to attempted knock-and-talk and observation of its tracks

Officers following a GPS ping on stolen vehicle with off-road tires came to defendant’s home for a knock-and-talk. Receiving no answer, the officer followed the driveway and saw three storage buildings. “Because the driveway is open to the public and … Continue reading

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MI drone over curtilage case update

In the Michigan drone over the curtilage case (posted here), Long Lake Twp. v. Maxon, the parties are directed to brief application of the exclusionary rule to zoning disputes:

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