September 12, 2011
- 349 Searches and Seizures
- 349I In General
- 349k25 Persons, Places and Things Protected
- 349k27 k. Curtilage or Open Fields; Yards and Outbuildings.
Initial warrantless entry onto suspect’s property to search shed did not violate suspect’s Fourth Amendment rights, since area searched was not within curtilage of suspect’s home; any trees, bushes, or stumps on property’s perimeter did not significantly limit access to or visibility of shed from neighboring properties, shed was clearly a structure meant for dogs and not for intimate human activity, overflowing “poop pit” near shed suggested area would be unattractive to private home activities, and area was relatively open to exposure from neighbors and public at large.
Simko v. Town of Highlands, 276 F. App’x. 39 (2d Cir. 2008)
Suggested by Connor Cobean, Law Student; Washington University School of Law; St. Louis, MO