curtilage


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curtilage

The enclosed space of ground and buildings immediately surrounding a dwelling, or a conceptual amount of space reasonably attached to the use of a dwelling. This is an important concept in law enforcement in determining whether (a) an area is within the curtilage and thus searchable under a search warrant for the dwelling, (b) an officer's presence in an area for surveillance purposes is within the curtilage and thus an unlawful entry,and (c) despite the determination of (a) and (b),there is no expectation of privacy in garbage left within the curtilage for pickup,so it may be searched without a warrant.

References in periodicals archive ?
20) Second, Justice Scalia reiterated the centrality of curtilage in Florida u.
As this Article will develop, curtilage provides a definitional tool rooted in the common law, and yet adaptable to the surveillance age.
This Article applies the theory of Fourth Amendment curtilage to persons acting in public.
Federal law enforcement officers sought and received a court order permitting the installation and monitoring of a video camera affixed to a power pole that would enable them to peer over a 10-foot-high fence at the back of his yard within the curtilage.
27) Additionally, the area the camera surveilled, said the court, constituted "the curtilage of his home, an area protected by traditional Fourth Amendment analysis.
9) "house" now includes curtilage, (10) and because curtilage
how far the curtilage extends from the house to determine the scope of
that a barn on Dunn's premises was not within the curtilage.
Even the home and the curtilage, however, are not absolutely
Although the curtilage is protected, not every visit by a health official or deputy upon the curtilage is unlawful.
After Jardines, curtilage is protected from physical entry--"physically intruding.
Although admittedly an open question, this Article chooses to expand curtilage protection to include invasions of intimate activities by sense-enhancing technologies.