CRM_J 420 Lecture Notes - Lecture 12: Curtilage, Easement
16 May 2017
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4th amendment exemptions- where the 4th amendment simply does not apply whereas 4th amendment exceptions allow the police to at least do something. Plain view: if a police officer is lawfully present and they see something, seen as contraband, they can seize it. Open fields: covers searches that can occur in places that are neither open nor fields. The dunn test: oliver vs. u. s. (1984, made the point that there is no magic number. The distance alone is not enough to say if something is curtilage: california vs. civaolo (1986, kyllo vs. u. s. (2001, common law- curtilage: the protection that you have in your home is more than just your house. It also includes the area immediately surrounding the house (close to it). Even though there was a fence, is was not part of the curtilage because of how it was being used: today- reasonable expectation of privacy. Dunn test: kind of like totality of the circumstances.
