ID: The area outside a tent campsite in a national forest was not defendant’s curtilage

The area outside a tent campsite in a national forest was not defendant’s curtilage. Forest Service officers came upon the campsite and it was apparent that the occupants of the tent there were smoking marijuana. The officers did not enter the tent, but called the occupants out. State v. Beck, 2014 Ida. App. LEXIS 104 (October 8, 2014):

In United States v. Basher, 629 F.3d 1161 (9th Cir. 2011), the Ninth Circuit Court analyzed questions regarding the existence of curtilage incident to a campsite and reasonable expectation of privacy. The officers arrived at the tent and verbally asked the defendant and his son to exit the tent. The officers did not enter the tent. In rejecting Basher’s argument that the seizure occurred inside the curtilage of the campsite, the Ninth Circuit explained “[c]lassifying the area outside of a tent in a National Park or National Forest lands campsite as curtilage would be very problematic.” Id. at 1169. Unlike traditional homes, a tent located within a dispersed campsite is open to the public and exposed. Id. Further, “[w]hile [the Dunn] factors can be employed with reasonable certainty in the urban residential environment, the analysis does not necessarily carry over to most camping contexts. Parkland campsites often have layouts that are vague or dispersed, and individuals often camp in areas that are not predetermined campsites.” Id. The Court ultimately concluded:

In the case at bar, Basher was staying in a dispersed, or undeveloped camping area. It appears that Basher’s camp was visible from the developed camping area where the officers had stayed the previous night. Therefore, we hold that there was no expectation of privacy in the campsite, and that the area outside of the tent in these circumstances is not curtilage.

Id.

We agree with the Basher Court’s analysis. Beck, however, argues Basher is distinguishable because individual campsites in this case were discernable from other campsites. The deputy testified that one could differentiate between individual campsites. However, the ranger testified that the campsites were not defined campsites. The ranger specifically testified that “on the downstream side of Macks Creek, we have three reserve-able campsites that are defined. Beyond that it’s all open camping, and people camp very close to each other, people basically just move in and camp wherever they feel.” We do not read in Basher that the dispersed or undeveloped nature of the campsites referenced was the underpinning of its analysis. Nonetheless, here, the magistrate noted that “anybody could pass through that camp; anybody could be headed to the boat dock. It’s not private, it’s just not private.” Contrary to identifying a defined area, the magistrate viewed the campsite as open field. Therefore, we hold that there was no expectation of privacy in the campsite, and that the area outside of the tent in these circumstances is not curtilage.