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CA4: Consent to search house for CP seven hours after illegal entry into curtilage purged taint

By John Wesley Hall, Jr.

Entry into defendant’s backyard by the consent of the landlord was ineffective because a landlord cannot consent to a search of the renter’s property, including the curtilage. Here, however, we also have a consent to search inside the house for child pornography seven hours later which purged the taint of the illegal search of the backyard. United States v. Howe, 2011 U.S. App. LEXIS 4329 (4th Cir. March 4, 2011) (unpublished): First, a considerable period of time — more than seven hours — elapsed between Healy’s entry onto the curtilage and the seizure of evidence related to child pornography. There was also a significant period of time between Healy’s entry and his request for consent to search. Further, Howe’s voluntary consent to the search of his home was an intervening act of free will...continue to full post

Full post as published by Fourth Amendment on March 09, 2011 (boomark / email).