{"id":63014,"date":"2026-02-02T14:26:10","date_gmt":"2026-02-02T19:26:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63014"},"modified":"2026-02-02T15:54:25","modified_gmt":"2026-02-02T20:54:25","slug":"nd-when-the-main-way-into-a-house-is-through-the-garage-no-violation-of-curtilage-to-enter","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63014","title":{"rendered":"ND: When the main way into a house is through the garage, no violation of curtilage to enter"},"content":{"rendered":"\n<p>While this house was being worked on, the way in was through the garage and door inside there, not the front door. Therefore, police were able to come through the garage to knock. Therefore, no violation of curtilage making the consent invalid. (Defendant was allegedly a mere visitor in the house, but the record was never developed on that, so that&#8217;s not decided.) <a href=\"https:\/\/www.ndcourts.gov\/supreme-court\/opinions\/203269\">State v. Golberg<\/a>, 2026 ND 11 (Jan. 29, 2026).<\/p>\n\n\n\n<p>If the LPN check shows the owner\u2019s DL revoked, commonsense is all that\u2019s required to make a stop if he or she is likely driving. It\u2019s usually reasonable to assume the owner is the driver, but not always. United States v. Castillo, 2026 U.S. Dist. LEXIS 17575 (E.D. Tex. Jan. 15, 2026).*<\/p>\n\n\n\n<p>Defense summary judgment denied on false arrest claim for DUI. The videos contradict some of the officers\u2019 testimony. There were two asleep in a double-parked car with the engine running. Menard v. City of New York, 2026 NYLJ LEXIS 148 (N.Y. Co. Jan. 29, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>While this house was being worked on, the way in was through the garage and door inside there, not the front door. Therefore, police were able to come through the garage to knock. Therefore, no violation of curtilage making the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63014\">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":[19,35],"tags":[],"class_list":["post-63014","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63014","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=63014"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63014\/revisions"}],"predecessor-version":[{"id":63026,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63014\/revisions\/63026"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63014"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63014"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63014"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}