AVERT YOUR EYES!

July 24, 2014

  • 349 Searches and Seizures
  • 349I In General
  • 349k25 Persons, Places and Things Protected
  • 349k27 k. Curtilage or Open Fields; Yards and Outbuildings.

349 Searches and SeizuresThat the area is within a home’s curtilage does not itself bar all police observation; the Fourth Amendment protection of the home has never been extended to require law enforcement officers to shield their eyes when passing by a home on public thoroughfares, nor does the mere fact that an individual has taken measures to restrict some views of his activities preclude an officer’s observations from a public vantage point where he has a right to be and which renders the activities clearly visible.

Powell v. State, 120 So. 3d 577 (Fla. Dist. Ct. App. 2013)