Category Archives: Curtilage

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

Posted in Curtilage, Plain view, feel, smell, Probable cause, Rule 41(g) / Return of property | Comments Off on CA6 & FL1: Fact hemp is legal doesn’t make smell of MJ lack PC

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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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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