curtilage

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curtilage

The ground adjacent to a dwelling and appertaining to it, as a yard, garden, or court.
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6) A property owner cannot add to the constitutional protection of an open field or change its character to that of curtilage by posting "No Trespassing" signs at its boundaries.
If an officer trespasses onto another's curtilage, that trespass would be a search if it was in an area of the curtilage where the owner has a reasonable expectation of privacy.
Because curtilage is given Fourth Amendment protection, and in all federal and most state cases an open field is not, it is important to know where the curtilage ends and the open field begins.
Supreme Court has described the curtilage as "the area to which extends the intimate activity associated with the 'sanctity of a man's home and the privacies of life.
The Dunn Court ruled that the barn was not within the curtilage of the house.
Second, the area surveilled was an industrial complex that fell "somewhere between |open fields' and curtilage.
Searches of structures or of curtilage by law enforcement authorities for criminal evidence must be performed upon a search warrant, based on probable cause and issued by a judicial officer.
This statutory scheme, requiring a warrant for searches of structures, and of the curtilage of the home, but not for outdoor areas, is consistent with the approach taken by other countries.
170 (1984), which distinguished between a fenced, posted field, which did not require a warrant to search, and a residence or curtilage, which did.