|Car in Driveway
Tampa Criminal Defense Attorney / Lawyer has just studied a new case where there was a search of a vehicle located within the curtilage of a residence that was the target of a search warrant. The curtilage of a residence is most deserving of protection from searches without a warrant of beyond the scope of a Search warrant. The “vehicle was partially overlapping a portion of the driveway to the residence.” There were a firearm and drugs located within the vehicle. The appeals court ruled the vehicle was not within the curtilage of the residence and reversed the drug conviction.
The complete Opinion Search Warrant for car parked in the yard is here for free.
“The term “curtilage” in the Fourth Amendment context describes the area around a home that is “intimately tied to the home itself.” United States v. Dunn, 480 U.S. 294, 301 (1987). “[T]he extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.” Id. at 300. Clearly, the legal boundaries of a given piece of property do not necessarily define its curtilage for Fourth Amendment purposes.”
“To determine the scope of the curtilage to a particular residence, we must consider the four factors identified in Dunn. Wilson v. State, 952 So. 2d 564, 568-69 (Fla. 5th DCA 2007).”
Four Factors to Define Scope of Warrant:
Proximity of the area claimed to be curtilage to the home;
Area is included within an enclosure surrounding the home;
Nature of the uses to which the area is put;
Steps taken by the resident to protect the area from observation by people passing by.
Is there a Search Warrant is your case? Call Me Toll Free 1-877-793-9290.