When Can Police Enter a Backyard on a Burglar Alarm Call?
The four curtilage factors, why a backyard entry on an alarm is easier to justify than a house entry, and what “burglar alarm plus” means.
Can Police Re-Enter a Home to Get Clothes for a Child in Protective Custody?
Both parents arrested, an 8-year-old in nothing but shorts, and an administrator telling officers to go back in the house. Whether re-entry for clothing holds up.
When Can Police Force Entry on a Suicidal Subject Call?
A third party text message, lights on, no answer at the door. Anthony Bandiero walks through the emergency aid exception and why these facts do not justify forcing entry.
Can an Officer Enter a Garage Just to Close It?
The garage door is standing wide open and you want to shut it for the homeowner. Anthony Bandiero on why that is still a home entry, and why de minimis will not save you.
Can Police Pull People Out of a Motel Room While Getting a Search Warrant?
An officer in Kansas pushed back on detectives who wanted to freeze a motel room and pull the occupants out. Anthony Bandiero on when a premises freeze is lawful.
When Can You Do a Protective Sweep With an Arrest Warrant?
An arrest warrant gets you in the door only if you have reason to believe the suspect is home. What happens when consent is revoked and officers keep looking.
When Can Police Search a Hotel Room?
Hotel rooms are quasi homes, not homes. What an officer can enter, search, and seize during an eviction, after checkout, and after an arrest.
Can a Recreational Vehicle (RV) Have Curtilage?
Probably yes, but you have to run the four factors. Proximity and use are the two that matter. Enclosure and sight screening are optional, not mandatory.
Case v. Montana: The U.S. Supreme Court Clarifies the Legal Standard for Warrantless Home Entry to Render Emergency Aid
The Emergency Aid Doctrine: A Narrow Exception to the Warrant Requirement Where Home Entry is Urgently Needed to Prevent Imminent Harm The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, with common law recognizing the greatest privacy interest within the sanctity of one’s home. Aside from consent provided by someone with […]
Drones on Property Rights and Privacy
Drones are now part of the Fourth Amendment analysis, whether we like it or not. In training, this often comes up as a thought exercise: imagine being in an urban environment, looking out your window, and seeing a government drone hovering nearby. If that drone can see into a backyard and potentially observe evidence of […]
Does Payton v. New York Apply to Porch Arrests? Explained for Officers
Officers go to a person’s residence during an investigation. They do not have an arrest warrant. The concern raised is officers going to someone’s home or porch with the intent to arrest them and using a knock on the door as a way to accomplish that arrest. There is no suggestion that the occupant has […]
Towing a Fleeing Suspect’s Car From a Driveway
The statute lets you seize the car, but the driveway is the problem. The officer leaves, then a tow driver re-enters the curtilage thirty minutes later. On the street the answer flips.
Searching Vehicles on Curtilage
Collins v. Virginia is the answer: the motor vehicle exception has no exigency built into it, and a car on curtilage regains its expectation of privacy. Run the curtilage factors, then get a warrant.
Can a Person Who Has Access Code Give You Permission to Enter a Home?
Yes, they had common authority. The caveat is scope. A babysitter has the living room, not the safe. And to search the closed bedroom you need reason to believe he is presently home.
Could Police Detain a Driver Suspected for DUI on Their Property?
In a recent discussion about law enforcement and constitutional rights, a fascinating case from Montana brought up some thought-provoking questions about the extent of a police officer’s authority during traffic stops, particularly when a suspect enters their driveway or private property. The key issue revolves around the concept of “curtilage,” or the area immediately surrounding […]