Category Archives: Curtilage

CA10: City driveway shared with house next door not curtilage

A driveway shared with the house next door was not curtilage. A driveway in a city usually isn’t anyway. United States v. Vasquez, 2024 U.S. App. LEXIS 75 (10th Cir. Jan. 3, 2024). Defendant’s objection to the R&R that the … Continue reading

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M.D.Pa.: Police continually banging on def’s door to come out was seizure; no exigency applies; suppressed

Defendant fled from the police in his car in a highspeed chase. They went to his house and came on to defendant’s curtilage, his porch, and shined flashlights through the windows. This was a search on a constitutionally protected area. … Continue reading

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W.D.Ky.: Protective sweep unjustified on facts; rural area not enough

The protective sweep here wasn’t justified by any current facts justifying it. The government first relied on it being a rural area, but that’s rejected because it would render most of the country a zone where protective sweeps could always … Continue reading

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E.D.Wis.: No REP in common area of apt building, despite state law to contrary

Rejecting state law to the contrary, the district court holds that there is no reasonable expectation of privacy in the common area of an apartment building under the Fourth Amendment. United States v. Love, 2023 U.S. Dist. LEXIS 186921 (E.D. … Continue reading

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NBC New York: NYPD using drones to monitor NYC backyard Labor Day parties, spurring privacy concerns

NBC New York: NYPD using drones to monitor NYC backyard Labor Day parties, spurring privacy concerns by Jake Offenhartz (“The New York City police department plans to pilot the unmanned aircrafts over large gatherings in an effort to enhance security … Continue reading

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D.Minn.: Govt’s learning of another potential crime from “sneak and peak” SW wasn’t entrapment

The government suspected defendant of acquiring a pill press and got a sneak and peak warrant to look around and photograph inside his place. Later, they got a search warrant for the place and seized drugs. The government’s knowledge of … Continue reading

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OR: All electronic devices seized to be searched require PC showing

The affidavit for warrant did not show justification for search of all the electronic devices that were seized and then searched. State v. Cannon, 299 Ore. App. 616, 450 P.3d 567 (2019). (Probable cause was conceded as to some devices.) … Continue reading

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D.Ariz.: No REP in shared folder on computer open on eMule program

The government’s “pre-search” of a shared folder on defendant’s computer available through eMule was not subject to a reasonable expectation of privacy and was reasonable. United States v. Johnson, 2023 U.S. Dist. LEXIS 146664 (D. Ariz. Aug. 21, 2023), adopting … Continue reading

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ND: Opening door of a parked and running semi when driver didn’t wake up was to gather information and was unreasonable

“Thus, we conclude law enforcement was acting outside the scope of the community caretaking function when opening the semi door and stepping onto the running boards in an attempt to gather information without first attempting to get a response from … Continue reading

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D.C.Cir.: ‘“Let me see your waistband’–amounted to a show of authority.”

“Here, Officer Tejada initially approached Gamble and asked him a question: ‘Ain’t got no gun on you, man?’” ‘“Let me see your waistband’–amounted to a show of authority.” United States v. Gamble, 2023 U.S. App. LEXIS 19695 (D.C.Cir. Aug. 1, … Continue reading

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IN: 3 am entry into backyard to look for weapon when no one around couldn’t be justified by exigency

“There was no emergency here. Officer Eber and the trial court expressed concern that a firearm might have been lying in Hinton’s backyard and could be accessed by a child or other person. But, even if so, there was no … Continue reading

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N.D.Ohio: Photo of premises in SW showed detached garage, and it was included because on curtilage

The warrant was particular when it showed a picture of the premises with the address. The photograph showed the detached garage on the curtilage. That was covered by the warrant, too. When the government raised standing in response to defendant’s … Continue reading

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MA: Driveway used for parking is not curtilage when car visible to all

Defendant’s vehicle was not parked within the curtilage of his home. The officer’s observations of the vehicle did not constitute a search under the Fourth Amendment or the Mass. Const. Decl. Rights art. 14. Defendant’s house was set back from … Continue reading

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LA5: Unenclosed driveways are not part of the curtilage

“Louisiana jurisprudence has indicated that unenclosed driveways, like the driveway in the instant case, are not part of the curtilage with respect to Fourth Amendment cases.” State v. Bourgeois, 2023 La. App. LEXIS 901 ( La. App. 5 Cir May … Continue reading

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D.V.I.: Flyover of curtilage from navigable airspace was reasonable

Officers did a flyover of defendant’s home from navigable airspace and saw a marijuana grow. While he had a subjective reasonable expectation of privacy in the curtilage, not from 2000′. United States v. Flavius, 2023 U.S. Dist. LEXIS 92974 (D.V.I. … Continue reading

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W.D.Pa.: Car parked in driveway was not on protected curtilage

Defendant’s car parked on his driveway was not on the curtilage. It was close to the house, but there was no enclosure or carport like Collins. United States v. Moses, 2023 U.S. Dist. LEXIS 84247 (W.D. Pa. May 12, 2023). … Continue reading

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CA3: Arrest without PC doesn’t require dismissal of indictment

If an arrest was without probable cause, evidence derived from the arrest might be suppressible but the indictment would not be quashed. United States v. Rodriguez-Mendez, 2023 U.S. App. LEXIS 11558 (3d Cir. May 11, 2023).* Being unable to read … Continue reading

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CA6: Entry onto driveway didn’t violate curtilage

Officers’ entry onto plaintiff’s driveway did not violate curtilage. Habich v. Wayne Cty., 2023 U.S. App. LEXIS 8868 (6th Cir. Apr. 12, 2023). No reasonable expectation of privacy in the contents of trash cans left at the curb for collection. … Continue reading

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E.D.Va.: Seizing def as he was opening his door was an invasion of the curtilage without exigency

After an attempted traffic stop, following defendant to his front door and stopping him after the screen door was opened in between it and the front door was curtilage, even in an apartment building. There was no exigency justifying the … Continue reading

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D.N.M.: Possession of a gun in car in Walmart parking lot wasn’t a crime and search for it under community caretaking function unreasonable

Police were called to a Walmart parking lot in Albuquerque because defendant was “unconscious” in his car in his car, and a gun was visible. The seizure of the gun and the interrogation surrounding it can’t be justified under the … Continue reading

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