Category Archives: Curtilage

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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S.D.W.Va.: Helicopter flyover of curtilage at 500′ was reasonable

A helicopter flyover of the curtilage at 500′ was within FAA regulations and thus was reasonable. Defendant’s racing to the spot of the grow operation was exigency for fear he was on his way to destroy evidence. United States v. … Continue reading

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ID: 5th wheel trailer parked, slides out, and hooked up to electricity was an outbuilding subject to the SW

A fifth-wheel trailer parked, jacked, chocked, with extensions out and hooked up to electricity was on the property to be searched. It was not specified in the warrant, but it was treated as an outbuilding covered by the warrant. The … Continue reading

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D.Kan.: One can’t pull in driveway to avoid traffic stop and prevent it by arguing curtilage

A person can’t pull into a private driveway and insulate him or herself from an officer investigating a traffic offense. Here, the officer was going to just issue a warning but saw drugs in plain view in the car in … Continue reading

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OR: Questioning motorist about tattoos unreasonably extended stop

A question to a motorist about tattoos during a stop because they might have been prison tattoos wasn’t shown to be related to officer safety and was thus unreasonable. “Here, the circuitous, propensity-based inquiry about defendant’s incarceration history was predicated … Continue reading

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GA: Even if knock-and-talk was valid, expanding entry onto the curtilage wasn’t

The knock-and-talk here was reasonable in its inception, but the officer violated the curtilage by inspecting a car parked there. The state’s argument that reasonable suspicion permitted approaching the car was not raised below so it’s waived. “Furthermore, even if … Continue reading

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CA1 denies rehearing en banc on Jardines and denies qualified immunity

French v. Merrill, 2022 U.S. App. LEXIS 2625 (1st Cir. Jan. 28, 2022) (3-3*) (panel decision 15 F.4th 116 (1st Cir. Oct. 1, 2021)). On why rehearing should not be granted:

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CA9: A visitor to premises has no standing in the curtilage

A visitor to premises has no standing in the curtilage. United States v. Castellanos, 2022 U.S. App. LEXIS 1278 (9th Cir. Jan. 18, 2022). The officer had reasonable suspicion to stop defendant when the officer shined a flashlight on him, … Continue reading

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N.D.W.Va.: QI for PC is a reasonable belief PC exists, not whether it actually exists

“In analyzing whether law enforcement officers have qualified immunity in a false arrest claim pursuant to § 1983, the issue is not whether probable cause actually exists but whether a reasonable officer in the officer’s position would have believed he … Continue reading

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E.D.Mo.: Third party to forfeiture can’t challenge search

Third parties to a forfeiture seeking to protect their interest have no standing to challenge legality of the seizure that led to the forfeiture. United States v. Koeln, 2022 U.S. Dist. LEXIS 3934 (E.D.Mo. Jan. 10, 2022). Defendant’s felony arrest … Continue reading

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GA: REP in apartment hallway outside door

Applying Dunn to defendant’s apartment hallway curtilage, defendant had a reasonable expectation of privacy at his apartment door. There was a locked gate to enter the area that the police somehow bypassed to get in for a dog sniff. State … Continue reading

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Cal.2d: Unconscious driver’s serious injury was exigency for warrantless blood draw

“When a driver is unconscious, the general rule is a warrant is not needed. (Mitchell, supra, 139 S.Ct. at p. 2531.) The Fourth Amendment “almost always” permits a warrantless blood test when police officers do not have a reasonable opportunity … Continue reading

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D.Colo.: A shared driveway is not curtilage

A shared driveway is not curtilage. United States v. Vasquez, 2021 U.S. Dist. LEXIS 230603 (D.Colo. Dec. 2, 2021). 2254 petitioner admits that he had a full and fair opportunity to litigate his search issue and did. The fact he … Continue reading

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D.Neb.: Jardines does not prohibit a knock-and-talk

Jardines does not prohibit a knock-and-talk as long as the officers enter via the normal path. United States v. Hartford, 2021 U.S. Dist. LEXIS 226452 (D.Neb. Nov. 24, 2021). A protective sweep of defendant’s car was reasonable, despite his being … Continue reading

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NY Bronx: Front stoop of a multifamily dwelling isn’t protected curtilage

The front stoop of a multifamily dwelling in the Bronx isn’t protected curtilage. In re of Y.N., 2021 NY Slip Op 51108(U), 2021 N.Y. Misc. LEXIS 5975 (Bronx Co. Family Nov. 12, 2021) (unpublished):

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TX3: REP in car parked on curtilage; plain view suppressed

The trial court’s suppression order is affirmed. Defendant had a reasonable expectation of privacy in his curtilage and his car parked there. The plain view inside his car and then the search was unreasonable. State v. Serna, 2021 Tex. App. … Continue reading

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IN: Knock-and-talk not barred by Jardines

DNA from a cold case murder was sent to a DNA genealogy company who tentatively matched defendant to the crime. Police did a trash pull and got more of a DNA match. Then they got a search warrant for his … Continue reading

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