Looking in the porch window is a violation of the curtilage and a search. Here, however, it was justified by the exigency of officer safety. United States v. Macdowell, 2019 U.S. Dist. LEXIS 139432 (W.D. Va. Aug. 19, 2019). As to the look itself:
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Because Hayton deviated from the path to MacDowell’s front door in order to observe things not clearly visible from the street, front door, or other permissible vantage points, I find that a search occurred. See Jardines, 569 U.S. at 6 (noting that the right of a person to retreat into his or her home and be free from governmental intrusion “would be of little practical value if the State’s agents could stand in a home’s porch or side garden and trawl for evidence with impunity” or “enter a man’s property to observe his repose from just outside the front window”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Looking in the porch window is a violation of the curtilage and a search. Here, however, it was justified by the exigency of officer safety. United States v. Macdowell, 2019 U.S. Dist. LEXIS 139432 (W.D. Va. Aug. 19, 2019). As … Continue reading →<\/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":[19,3],"tags":[],"class_list":["post-39255","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-emergency-exigency"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39255","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=39255"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39255\/revisions"}],"predecessor-version":[{"id":39256,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39255\/revisions\/39256"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}