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 ?

A resident's expectation of privacy in areas on the curtilage increases the closer the area is to the house or the garage.

The court held that closed trash bags in the backyard of the curtilage are entitled to Fourth Amendment protection from police intrusion until they either are taken to the curbside or removed from the premises by the owner or trash collector.

The Supreme Court of North Carolina approved of that tactic because the trash was collected from the curtilage by the regular garbage collector, in the usual manner, on the scheduled collection day.(51)

The area immediately surrounding the home, known as the curtilage, is protected under the Fourth Amendment from unreasonable government intrusions.

3 See also John Gales Sauls, "Curtilage, The Fourth Amendment in the Garden," FBI Law Enforcement Bulletin, May 1990, 26-32, for a comprehensive review of the pre- 1990 cases involving curtilage issues.

1995) (the Supreme Court of Montana interpreted the Montana State Constitution to mean that persons may have a reasonable expectation of privacy in their areas of land that are beyond the curtilage if there are fences, "No Trespassing" signs, or other indications that entry is forbidden).