AZ: Opaque fence, no trespassing signs, and security cameras might bar entry to curtilage; remanded for more findings

Defendant had an opaque privacy fence and allegedly had no trespassing signs. His mailbox was outside the fence and there were security cameras. The officer passed both to come to the door to knock, and then he could smell marijuana. The record is inadequate on whether the record supports defendant had a reasonable expectation of privacy in his curtilage even against that type of entry. Cases are on both sides of the question: signs or fence allow not necessarily enough but both could be. Remanded. State v. Lohse, 2018 Ariz. App. LEXIS 167 (Oct. 25, 2018).

Defendant’s Fourth Amendment claims should have been raised before plea, not in a 2255. Even if it had been, he’d lose on a lack of standing. Tucker v. United States, 2018 U.S. Dist. LEXIS 181328 (W.D. N.C. Oct. 23, 2018).*