...Constitutes — Determination. The curtilage of a residence is the area where intimate activities of living extend and which the resident may reasonably expect will remain private. Whether a pla...Area. In determining whether a parked vehicle is within the curtilage of a residence, the courts will consider the proximity of the parking area to the residence, whether the area is ...conclusion of law and will be treated as such by an appellate court regardless of whether it is denominated as a finding or conclusion. [2] Searches and Seizures — Curtilage — What...

...search and seizure provision in the Oregon Constitution protects land outside the "curtilage" of a residence. The Court of Appeals concluded that it does, and reversed the defendants' convictions for...concurring opinion disagreed with the plurality's conclusion that all land outside the curtilage of a residence is protected by Article I, section 9, from unreasonable searches and seizures....") Judge Rossman, joined by Judge Deits, also dissented, arguing that whether an intrusion into land outside the curtilage of a residence is an unreasonable search should depend on...

...of an officer within the curtilage of a residence does not automatically amount to an unconstitutional invasion of privacy. Rather, it must be determined under the facts of each case just.... 1977). There, police officers went to the front door of a suspect's residence to talk with him. After ringing the doorbell and receiving no answer, they heard a dog barking and saw a light in the...residence through a 2-inch gap between the drawn window shade and the sill, putting his face within an inch of the window. There he remained for a substantial period of time until he saw and heard...

...executed a search warrant at the residence of one Stephen Brodsky. The warrant authorized the search of the "property and the curtilage thereof" for "controlled substances." During a search ...), where it was held that, before the search of a vehicle within the curtilage of a residence is covered by a warrant for that residence, there must be some evidence to connect t...) cert. dism. 325 So.2d 404 (Fla. 1976), that an automobile within the curtilage and "identified by the use of keys obtained from the occupant" of the ...

..., once it is established that the trash cans were instead located within the curtilage of the residence, he contends that counsel deficiently failed to move to suppress evidence seized from the cans on the ground that polic...Hutcheson searched them. He relied instead on the weather, stating that it was “indeed true” that the cans were in the curtilage of his residence, “because on January 21, 2008 there was an abu[n]dan[ce] of snow and...no reasonable expectation of privacy in the contents of a garbage can that is readily accessible to the public, even when the receptacle is located within the curtilage of a residence. ...

...property outside the curtilage of a residence violates no expectation of privacy recognized under the Fourth Amendment. See Oliver v...bright-line rule that driveways are not curtilage. However, I am also unable to support the use of this case as a vehicle to implement a per se invalidation of the automobile exception relative...property (specifically, the curtilage of the home), and to search vehicles there without a warrant"). In the present circumstances, I support the decision to vacate and remand for...

...officers, were in pastures and fields, too far from the immediate vicinity of the defendant's home and barns, to be considered as in the curtilage of residence. And further they state, that there could not be ..., Hamel v. State, Okla. Cr. 317 P.2d 285. Whether the area searched was in the curtilage of the residence has been questioned. Curtilage me..., 240 P.2d 803 that, "It is unlawful to search the curtilage of a residence in the absence of a search warrant being first had and obtained...

...evidence discovered in the plain view of officers who had entered the curtilage of a residence for the purpose of making an inquiry about stolen articles...for careless driving was issued for the arrest of Gerald Lee Baker. The Bronco eventually stopped at a residence, which the driver entered. Officer Erickson radioed for the...closing the door and forcibly entered the residence. Officer Yeater observed a tray that held a small line of white powder, marijuana, and a marijuana pipe. The officers arrested Jerald Baker and...

...." This truism of apartment dwelling also means that what might be one person's curtilage, in the context .... Camacho (2000) 23 Cal.4th 824 ( Camacho), which held an intrusion by police into the curtilage of a ... Appeal from a judgment of the Superior Court of San Diego County, No. SCD 156377, Melinda J. Lasater, Judge. Affirmed...

...), quoting Maryland v. Garrison, supra. "[T]he scope of a warrant authorizing the search of a particularly described residence includes any automobiles, owned or controlled by the owne.... Signorine, 404 Mass. 400, 403 (1989). Reading the definition of a particularly described residence to include such areas is reasonable under art. 14. Id. at 405. See ...Fourth Amendment protections and for defining the scope of search warrants. The Supreme Court has held that an area is within the curtilage of a residence only when it is "so intimately tied to the home...

...within the curtilage of the defendant's apartment for which they did not have a search warrant. A joint city-county narcotics unit obtained a search warrant for the residence ...to enter Lorenzo's apartment, the marijuana was found within the curtilage of 251-A, and the state could not introduce at his trial any evidence found in his residence or curtilage. The trial court...). 1. Whether evidence is found within the curtilage of a residence is a mixed question of fact and law. See State v. Mc...

...police was within the curtilage of his home. We disagree and affirm. Apparently, no trial transcript was prepared and the parties stipulated that "the only trans...Smithson's home. A stand of trees separated the open areas from the residence. Officers on the ground searched behind Smithson's home and discovered several well-worn trails leading from the home to...officers' warrantless search of the property behind his home was a violation of his Fourth Amendment rights because the plants were located within the curtilage of his home...

...the exigent-circumstances exception; (2) there was insufficient information available to the deputies to justify a curtilage search of appellant's residence; (3) the deputies continued to search after...arguments. First, appellant contends the deputies possessed insufficient information to justify a curtilage search of appellant's residence. Because a warrantless search of the curtilage .... IV. Did the Deputies Conduct an Unconstitutional Search of the Curtilage of Appellant's Residence? Appellant contends the depu...

...urges us to adopt here. [¶ 8] By analogy, cases discussing curtilage in the context of Fourth Amendment searches provide guidance as to what constitutes a residence. We have defined ..., 617 A.2d 208, 209 (Me. 1992)). The law extends Fourth Amendment protection against warrantless searches to areas located within the curtilage of a ...entry of the Daggett Street yard constituted an entry of the residence. "When reviewing the sufficiency of the evidence supporting a conviction, we review the evidence in the light most favorable to the...

...24 and May 21, 2000, police took garbage bags from plastic garbage cans located in the alley area behind Champagne's residence. The garbage bags contained items that led to the issuance of a search warrant for Champagne's ...collection beyond the curtilage of a residence. See California v. Greenwood , 486 U.S. 35, 37 (1988). The "curtilage" ...from which the search and seizure occur. See id . Even if garbage is within the curtilage, a defendant must still have a reasonable expectation of privacy in the garbage to gain Fourth Amendme...

... the curtilage of a residence, there could be no misunderstanding from the description in the search warrant as to the property to be searched...within the prohibition of section 2639, O. S. 1931, 37 Okla. St. Ann. § 88, where the affidavit for search warrant states that the premises are not a private residence. 3...kept part of their clothes in the filling station and part of them in the restaurant. This place was not a private residence, occupied as such, because of the mere fact that...

.... In Taylor's first assignment of error, he claims that the crack cocaine should have been suppressed because the police entered the curtilage of his apartment without a warrant. While it is tru..., Taylor claims that the police violated his Fourth Amendment rights when they entered the curtilage of his apartment complex without a warrant and coerced him into giving consent to search his person. We...). Defendant-appellant, Ricky Lee Taylor, was convicted upon a plea of no contest for possession of cocaine. On December 7, 1999, Taylor was sentenced to seven months' confinement. On appeal...

.... BOEHM, Justice. This case involves the seizure of several items from a tent located in the backyard ...." 456 U.S. at 821. We agree with the courts that conclude the same reasoning applies to the yard and outbuildings of a single residence. As the Ninth Circuit put it...authorizing the search of a residence automatically authorizes a search of the residence's curtilage."Id. Every value furthered by the Fourth Amendment remains intact i...

..., contrary to the trial court's reasoning, the "No Trespassing" signs were not a "red herring." If a person manifests an intention to exclude the public from private property outside the curtilage of a ...Supreme Court explained in Dixson/Digby, for the purposes of Article I, section 9, a person has a protected privacy interest in property outside the curtilage of a residence if the.... Whether a property owner or occupant has manifested an intention to exclude the public from property outside the curtilage of a residence depends on the particular actions that the ow...