{"id":63577,"date":"2026-03-16T00:01:00","date_gmt":"2026-03-16T05:01:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63577"},"modified":"2026-03-16T16:03:56","modified_gmt":"2026-03-16T21:03:56","slug":"d-utah-traffic-stop-on-curtilage-is-still-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63577","title":{"rendered":"D.Utah: Traffic stop on curtilage is still valid"},"content":{"rendered":"\n<p>A traffic stop on the curtilage affords police the ability to stop and inquire under Collins v. Virginia. \u201cCurtilage is a concept that safeguards a person&#8217;s right to be free from unreasonable searches and seizures, but it is not a protective force field that shields a person from the consequences of committing a traffic infraction in front of a police officer simply because the driver then reaches the safety of home.\u201d Hardy v. McGaha, 2026 U.S. Dist. LEXIS 52525 (D. Utah Mar. 12, 2026).<\/p>\n\n\n\n<p>Defendant contends that the officer was \u201cdeceitful\u201d because he said he had reasonable suspicion and could apply for a warrant (which requires probable cause). However, defendant had no DL, so the vehicle could be towed anyway. Ultimately it was by consent. United States v. Gonzalez-Nieves, 2026 U.S. Dist. LEXIS 52542 (M.D. Pa. Mar. 13, 2026).*<\/p>\n\n\n\n<p>Defendant doesn\u2019t tell the court how the Fourth Amendment was violated. People v. Clase, 2026 NY Slip Op 50297(U) (N.Y. Co. Mar. 10, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A traffic stop on the curtilage affords police the ability to stop and inquire under Collins v. Virginia. \u201cCurtilage is a concept that safeguards a person&#8217;s right to be free from unreasonable searches and seizures, but it is not a &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63577\">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":[104,19,21],"tags":[],"class_list":["post-63577","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-curtilage","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63577","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=63577"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63577\/revisions"}],"predecessor-version":[{"id":63578,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63577\/revisions\/63578"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63577"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63577"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63577"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}