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M.D.Ala.: Search of defendant's back yard violated curtilage under Dunn

By John Wesley Hall, Jr.

Officers found marijuana plants in defendant’s back yard, although 20 yards from the back of the house. They were still on the curtilage under Dunn’s four factor test. Among other factors, he mowed the area, and that indicates habitation. United States v. Garrott, 2010 U.S. Dist. LEXIS 77032 (M.D. Ala. July 29, 2010), rejecting R&R 2010 U.S. Dist. LEXIS 77029 (M.D. Ala. July 6, 2010).* Officers responded to a 911 call about gunfire. At the defendant’s house, they saw bullet holes in the outside wall and the person inside was extremely distraught and talking on the telephone and unsure whether anyone else was home. That was exigent circumstances for an entry in case somebody was shot inside. United States v. Parton, 2010 U...continue to full post

Full post as published by Fourth Amendment on August 02, 2010 (boomark / email).