Category Archives: Curtilage

S.D.Ohio: City’s mowing unkempt yard wasn’t 4A violatoin

The city’s coming on to a sovereign citizen’s yard to mow it when he refused did not violate the Fourth Amendment. Prows v. City of Oxford, 2024 U.S. Dist. LEXIS 177976 (S.D. Ohio Sep. 30, 2024).* Defendant’s motion for return … Continue reading

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CO: Second entry after seeing a dead dog in def’s yard was without exigency and suppressed

The officer’s first approach to defendant’s door was a knock-and-talk, and he could see a dead dog which he checked on and confirmed. The trip to the front door was not to gather information en route. The warrantless entry coming … Continue reading

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W.D.Wash.: Warrantless arrest in def’s doorway violated 4A

Defendant’s warrantless arrest in his doorway violated the Fourth Amendment. After objecting, defendant acceded to their demands when they pulled a Taser on him. The remedy of what to do with his statement will be addressed later. United States v. … Continue reading

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Legal Aid Society: Backyard Privacy in the Age of Drones

EFF: Backyard Privacy in the Age of Drones by Hannah Zhao (“This article was originally published by The Legal Aid Society’s Decrypting a Defense Newsletter on August 5, 2024 and is reprinted here with permission.”):

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CA9: Failure to raise a clearly winning 4A curtilage argument was IAC

Defense counsel was ineffective for not raising a winning Fourth Amendment curtilage argument. As to the co-defendant, however, he lacks standing, so no IAC as to him. United States v. Chong, 2024 U.S. App. LEXIS 20467 (9th Cir. Aug. 14, … Continue reading

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Ind.Tax: There’s a difference between “curtilage” in state tax law and the 4A

“While search and seizure law and property tax law are distinct in their legal frameworks and objectives, the definition of ‘curtilage’ used in search and seizure inquiries under the Fourth Amendment to the United States Constitution does not contain any … Continue reading

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D.Conn.: (Attached) garage is part of curtilage

Defendant’s garage is part of his curtilage. This one was connected to the house by a door. The Dorman/McDonald factors in this case favor a finding of exigency for defendant’s detention. (The court has concern that defendant’s statement given during … Continue reading

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MT: No REP from look in apt window from common area of apt complex; not his curtilage

Officers did not violate defendant’s reasonable expectation of privacy by looking in the window of his apartment from a common area in his apartment complex. It was not his curtilage. City of Whitefish v. Zumwalt, 2024 MT 153, 2024 Mont. … Continue reading

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E.D.La.: Fire dept. can compel fingerprinting of its firefighters

A fire department can compel production of fingerprints for timekeeping purposes from its firefighters under threat of termination. There is no reasonable expectation of privacy in fingerprints. Perre v. E. Bank Consol. Special Serv. Fire Prot., 2024 U.S. Dist. LEXIS … Continue reading

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N.D.Iowa: Dog sniff at apt door from common hallway was reasonable even if hallway was locked to outsiders

A dog sniff at an apartment door from a common hallway was reasonable, even if the hallway also had a locked door. “Following the reasoning in Penaloza-Romero and Peck, and applying the Dunn factors, I find that the area around … Continue reading

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NJ: Entry into garage to make a DUI arrest violated 4A and state const.

Defendant was convicted of DUI. Acting on a tip of erratic driving by a particular LPN, the officer went into her garage and entered it to investigate and then make the arrest. There were no exigent circumstances like a medical … Continue reading

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MT: Entry onto def’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable

Entry onto defendant’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable. Montanans have a heightened expectation of privacy in their posted rural lands. State v. Lanchantin, 2024 MT 129 (June 18, 2024). Defendant’s … Continue reading

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MN: Warrantless DNA swabbing of apt door violated curtilage

The warrantless DNA swabbing of defendant’s apartment door was within the curtilage because it required physical contact, which is different than a dog sniff. “Although members of the public and law-enforcement officers generally have an implied license to approach a … Continue reading

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D.Mont.: Dropbox conducted a private search finding CP

Dropbox found child porn in defendant’s account, and it reported to NCMEC. Dropbox conducted a private search. United States v. Balog, 2024 U.S. Dist. LEXIS 90179 (D. Mont. May 20, 2024).* “Defendant argues that the search of his vehicle was … Continue reading

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D.Minn.: Ion scan of apartment doorknob and lock did not violate curtilage

State officers conducted an ion scan of defendant’s apartment doorknob and lock which was legal under state law. This violated no reasonable expectation of privacy because the doorknob in an apartment hallway is not part of the curtilage. United States … Continue reading

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M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn’t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading

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OH2: Police responding to report of shot dog who heard an animal had exigency to enter the curtilage

“Based upon the evidence presented, we conclude the trial court did not err in denying the motion to suppress. The search of the home and surrounding premises was reasonable because the officers believed an injured animal was on the premises … Continue reading

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FL5: Use of flashlight to look in screened-in porch was unreasonable violation of curtilage

Officers came to defendant’s home which was next door to a murder crime scene. They were looking for potential witnesses. They knocked on the screened-in porch door and got no answer. It was dark inside. The screened-in porch was a … Continue reading

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AK: Police aerial flyover with telephoto lens of rural property violates state right of privacy

Under the Alaska Constitution, an aerial flyover with a telephoto lens of rural property in a “sparsely populated area” in the woods north of Fairbanks produced evidence of a grow operation. In a long (and sensitive opinion), the Alaska Supreme … Continue reading

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CA10: SW for house included detached garage next to it without even mentioning it

The search warrant for defendant’s house included the detached garage on the curtilage without having to mention it. United States v. Ronquillo, 2024 U.S. App. LEXIS 5489 (10th Cir. Mar. 7, 2024). “And the Department of Homeland Security officers did … Continue reading

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