{"id":27101,"date":"2017-05-09T16:17:26","date_gmt":"2017-05-09T21:17:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27101"},"modified":"2017-05-09T16:17:26","modified_gmt":"2017-05-09T21:17:26","slug":"ma-porch-and-side-yard-of-multifamily-dwelling-was-protected-curtilage","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27101","title":{"rendered":"MA: Porch and side yard of multifamily dwelling was protected curtilage"},"content":{"rendered":"<p>The porch and side yard of a multifamily residence was within the curtilage for Dunn and Jardines, so the police entry to look under the porch was unreasonable and the search is suppressed. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/12176.pdf\">Commonwealth v. Leslie<\/a>, 2017 Mass. LEXIS 341 (May 9, 2017):<br \/>\n<!--more--><\/p>\n<blockquote><p>Taking all four factors into consideration, we conclude that the porch and side yard area at the residence were part of the home&#8217;s curtilage and thus entitled to Fourth Amendment and art. 14 protections against an unreasonable search and seizure. We emphasize the relevance of the Dunn factors for our courts in determining whether a challenged police action occurring within the boundaries of a home, which under the Fourth Amendment is expressly designated as a \u201cconstitutionally protected area,\u201d is compliant with its protections. Application of the Dunn factors in appropriate cases follows Jardines, eschewing the \u201creasonable expectation of privacy\u201d inquiry that is deemed necessary only when the issue is whether the area is a \u201cconstitutionally protected area.\u201d Thus, because Detective Griffin&#8217;s search was a physical intrusion into the constitutionally protected area of the residence, Price and by extension Leslie are relieved of the burden to show that Price had a reasonable expectation of privacy in the area searched. See Jardines, 133 S. Ct. at 1417, citing United States v. Jones, 565 U.S. 400, 408-409, 132 S. Ct. 945, 181 L. Ed. 2d 911 (2012) (reasonable expectation of privacy test \u201cis unnecessary to consider when the government gains evidence by physically intruding on constitutionally protected areas\u201d). \u201cThat the officers learned what they learned only by physically intruding on [Price&#8217;s] property to gather evidence is enough to establish that a search occurred.\u201d Jardines, supra.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The porch and side yard of a multifamily residence was within the curtilage for Dunn and Jardines, so the police entry to look under the porch was unreasonable and the search is suppressed. Commonwealth v. Leslie, 2017 Mass. LEXIS 341 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27101\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[],"class_list":["post-27101","post","type-post","status-publish","format-standard","hentry","category-curtilage"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27101","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=27101"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27101\/revisions"}],"predecessor-version":[{"id":27102,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27101\/revisions\/27102"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27101"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27101"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27101"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}