Category Archives: Curtilage

KY: Def carries burden on curtilage; he failed to show motorcycle parked near front door was on it

Defendant’s motorcycle was parked near his front door, but he fails to show that it was within the curtilage of his house. He carries that burden. Bessinger v. Commonwealth, 2025 Ky. App. LEXIS 42 (May 16, 2025):

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CA4: SW affidavit not required to name an offender

A search warrant is about whether evidence would be found in the place to be searched, not whether there’s an offender. United States v. Johnson, 2025 U.S. App. LEXIS 10138 (4th Cir. Apr. 28, 2025). 2255 petitioner’s Franks ineffective assistance … Continue reading

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VA: Arrest warrant not needed for DUI arrest in def’s driveway

Defendant wasn’t under arrest when he consented to a field sobriety test in his own driveway. Officers didn’t need an arrest warrant to arrest him there. Poulson v. Commonwealth, 2025 Va. LEXIS 17 (Apr. 10, 2025). The affidavit as a … Continue reading

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MD: When asked if def “minded” to consent to a frisk, he consented

Defendant was stopped for a traffic offense, and the officer asked about whether he was armed and whether he “minded” to consent to a frisk. He argued that he had no choice but to answer, but he did have a … Continue reading

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MI: Nighttime entry onto curtilage was reasonable because officers were responding to a dangerous situation

Officers approached defendant’s house for a knock-and-talk at 10:43 pm. There is no implied license to enter the curtilage at that time, but here it was because officers were responding to a report of a dangerous situation, and that made … Continue reading

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PA: Entry of curtilage to inquire of a chop shop in operation was reasonable

Officers saw defendant “dissecting a motor vehicle in his driveway,” i.e., running a chop shop, which they already suspected him of. They could enter the curtilage to inquire. Commonwealth v. Ewida, 2025 PA Super 67, 2025 Pa. Super. LEXIS 128 … Continue reading

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IN: Crossing the curtilage to get to defendant’s front door at 11:30 pm violated the Indiana Const.

Crossing the curtilage to get to defendant’s front door at 11:30 pm violated the Indiana Constitution under its Litchfield case. State v. Hendricks, 2025 Ind. App. LEXIS 71 (Mar. 12, 2025). Defendant parked in a “no parking” zone at the … Continue reading

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CA8: Dog sniff at apt door was reasonable under existing precedent

A drug dog sniff at defendant’s apartment door was reasonable under well-established circuit precedent. There’s no evidence the dog’s nose went under the door. United States v. Peck, 2025 U.S. App. LEXIS 5710 (8th Cir. Mar. 12, 2025). Plaintiff’s condition … Continue reading

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CA6: Entering land to post a notice of civil infraction from the property was not a “search”

“The crux of the Gammarinos’ [Fourth Amendment] argument is that the Defendants entered their properties and removed their personal property without a warrant. As a result, they claim these searches and seizures are presumptively unreasonable and thus violated the Fourth … Continue reading

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CA10: The district court properly held that officers climbing over a fence to get to ptf’s front door was a 4A violation, but QI applies, still

Officers came to plaintiff’s property to investigate a marijuana grow. His property was surrounded by a fence, and he didn’t respond to air horns to get his attention, so they climbed over the fence to be able to get to … Continue reading

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CA8: Walkway to front door where mailbox was wasn’t protected curtilage

Defendant’s front yard wasn’t curtilage where there was a walkway to the mailbox by the door. Blood spatter was visible. The officers then went through a fence based on exigency. The observations supported a warrant. United States v. McGhee, 2025 … Continue reading

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MS: Police cell phone search as extensive as prior private search was reasonable

The warrantless search of defendant’s cell phone was the same as a private search that already occurred, and it did not violate the Fourth Amendment. Knight v. State, 2025 Miss. LEXIS 51 (Feb. 20, 2025). An NOLA officer seeing an … Continue reading

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CA7: No trespassing sign on driveway didn’t prevent animal control officer from walking up driveway

No trespassing sign at plaintiff’s driveway didn’t make the animal control officer’s entry onto the driveway a Fourth Amendment violation. Also, “[t]he argument that a land patent exempts Shaw’s property from the law is frivolous.” Shaw v. Hall, 2025 U.S. … Continue reading

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D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

Defendant’s general objections to the R&R on his search claims don’t attempt to show the alleged errors in the USMJ’s reasoning and just rehashed the original arguments. Overruled, and adopted. United States v. Shaka, 2025 U.S. Dist. LEXIS 19267 (D. … Continue reading

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OR: 3 am look at def’s car in driveway was unreasonable under state constitution

Officers approached defendant’s house by the driveway and came to the “back door” which was also a way into the house for ordinary visitors. The look at his car at 3 am exceeded implied consent to enter. “[A]t three o’clock … Continue reading

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CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim

“And if Derringer intended to argue that counsel should have moved to suppress the cell phone videos, he did not identify any basis for challenging the validity of the search warrant that resulted in the seizure of the cell phone … Continue reading

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N.D.Iowa: Govt’s exigency claim to enter defendant’s garage is rejected

“To the extent defendants assert that the warrantless entry was necessary to continue a purported temporary detention of Wheelock to further their investigation, that is not a recognized exigency or exception to justify a warrantless entry into a home or … Continue reading

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OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

Posted in Admissibility of evidence, Burden of proof, Curtilage, Inventory, Knock and talk, Probable cause | Comments Off on OR: Backpack’s inventory on admission to treatment facility was reasonable

IA: When there’s PC and the automobile exception, inventory irrelevant

There was probable cause for search of the car under the automobile exception so the impoundment and inventory are irrelevant. State v. Baylor, 2024 Iowa App. LEXIS 740 (Oct. 16, 2024).* Defendant’s car was parked with lights on at night … Continue reading

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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

Posted in Burden of pleading, Curtilage, Ineffective assistance, Rule 41(g) / Return of property, Trespass | Comments Off on S.D.Ohio: City’s mowing unkempt yard wasn’t 4A violatoin