P
Pazuzu
Guest
This occurred in Colorado
This question deals with a warrantless search. The police did a “knock and talk” based on info from a confidential informant. He refused to let them search without a warrant. They left but continued to watch the house. After seeing him in the leach field next to his house, they searched the field without a warrant.
The Supreme Court has ruled that when the area is not the curtilage of a home, it falls within the open fields doctrine and does not have 4th Amendment protection. They have also held that the central component of the curtilage concept is whether the area near the house harbors the “intimate activity associated with the sanctity of a man’s home and the privacies of life.”
A leach field is the final component of a sewer system in certain rural area homes. The defendant is required in his lease to maintain the field so it functions correctly. Wouldn’t part of your sewer system fall under the category of “intimate activity associated with the sanctity of a man’s home and the privacies of life.” ??
This question deals with a warrantless search. The police did a “knock and talk” based on info from a confidential informant. He refused to let them search without a warrant. They left but continued to watch the house. After seeing him in the leach field next to his house, they searched the field without a warrant.
The Supreme Court has ruled that when the area is not the curtilage of a home, it falls within the open fields doctrine and does not have 4th Amendment protection. They have also held that the central component of the curtilage concept is whether the area near the house harbors the “intimate activity associated with the sanctity of a man’s home and the privacies of life.”
A leach field is the final component of a sewer system in certain rural area homes. The defendant is required in his lease to maintain the field so it functions correctly. Wouldn’t part of your sewer system fall under the category of “intimate activity associated with the sanctity of a man’s home and the privacies of life.” ??