{"id":63042,"date":"2026-02-04T11:48:00","date_gmt":"2026-02-04T16:48:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63042"},"modified":"2026-02-04T11:48:00","modified_gmt":"2026-02-04T16:48:00","slug":"ga-curtilage-for-4a-purposes-isnt-the-same-for-defense-of-the-home-from-an-intruder","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63042","title":{"rendered":"GA: Curtilage for 4A purposes isn\u2019t the same for defense of the home from an intruder"},"content":{"rendered":"\n<p>Curtilage for Fourth Amendment purposes isn\u2019t the same for defense of the home from an intruder. <a href=\"https:\/\/www.gasupreme.us\/wp-content\/uploads\/2026\/02\/s25a1056.pdf\">Graham v. State<\/a>, 2026 Ga. LEXIS 25 (Feb. 3, 2026):<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>On appeal, Graham contends that defense of habitation was an applicable theory because the fight with Franklin and his friends occurred in the curtilage of Graham&#8217;s home and the curtilage is treated as part of the dwelling itself for certain purposes. It is generally true that a search warrant that authorizes the search of a home also &#8220;extends by implication to areas within the curtilage of the dwelling.&#8221; Gebhardt v. State, 307 Ga. 587, 599 (2019). However, Graham has not cited any cases in which the &#8220;curtilage&#8221; was considered a part of &#8220;habitation&#8221; for the purpose of a defense of habitation instruction, and we have found none. To the contrary, we have held that a justification defense based on the defense of habitation is not available &#8220;where there is no evidence that the victim was attempting to enter or attack the habitation at the time he was injured.&#8221; Jackson v. State, 318 Ga. 393, 399 (2024). And Graham notably does not claim, nor does the evidence support, that Franklin was trying to enter Graham&#8217;s home.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Curtilage for Fourth Amendment purposes isn\u2019t the same for defense of the home from an intruder. Graham v. State, 2026 Ga. LEXIS 25 (Feb. 3, 2026):<\/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-63042","post","type-post","status-publish","format-standard","hentry","category-curtilage"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63042","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=63042"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63042\/revisions"}],"predecessor-version":[{"id":63043,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63042\/revisions\/63043"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}