Archive | curtilage

Tuesday, May 1st, 2018

Second Circuit Reverses Denial of Suppression Motion, Clarifies Scope of Curtilage

Today the Second Circuit reversed the denial of a motion to suppress guns that police found adjacent to a shed in the backyard of a defendant’s home. United States v. Alexander, No. 16-3708 (2d Cir. 2018) (Lynch, Carney, Hellerstein (SDNY)) (appeal from Amon, J., EDNY). This area, the panel held, was curtilage and thus considered part of the home for Fourth Amendment purposes. In so holding, the panel clarified that Florida v. Jardines, 569 U.S. 1 (2013), abrogates at least three Second Circuit opinions suggesting that driveways and other publicly accessible areas fall outside the curtilage of a home. The opinion in Alexander, which this office litigated, is available here.*

The defendant in Alexander lived in a narrow house, on a property fenced on three sides but open to the street. The property included a driveway that extended past the house, with a shed …


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Categories: curtilage, Fourth Amendment

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Wednesday, December 24th, 2008

Dogged Determination

United States v. Hayes, No. 07-0063-cr (2d Cir. December 24, 2008) (Miner, McLaughlin, Pooler, CJJ)

On the morning of September 3, 2002, Derrick Hayes overdosed on cocaine. After he was put in an ambulance, his girlfriend gave local police officers permission to search the house. They found evidence suggesting that Hayes was a large-scale drug trafficker, so they suspended the search and made arrangements to obtain a search warrant. One of the officers, while waiting for the warrant, released a drug-sniffing dog, “Kilo,” from the car, where it had been confined for several hours. During a Frisbee came with the officer in Hayes’ front yard, the dog alerted. The officer encouraged the dog to continue investigating, and it ran around Hayes’ house, toward the back of a detached garage. From an area of thick brush, about sixty-five feet from the house, and near the border with a neighbor’s property, the …


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Categories: curtilage, Fourth Amendment, Uncategorized

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