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Entry onto to curtilage was justified by suspected misdemeanor in officers' presence

By John Wesley Hall, Jr.

Officers were summoned to a complaint of underage drinking, and, when they approached the premises, two youths outside fled, and the officers chased them onto the curtilage. One was on the curtilage already and fled to the backyard where he was caught. He had alcohol on his breath, and the officer took him to the back door of the house and knocked. The defendant let them in. Inside, the officer observed alcohol and empty cans, so he administered a PBT and found 13 had consummed alcohol, including defendant's daughter. She was charged with contributing to the delinquency of a minor. The entry into the backyard was justified, and the entry into the house was by consent. Rush v. State, 2008 Ind. App. LEXIS 254 (February 19, 2008): As noted above, the police officers responded to a report that an underage drinking party was occurring at Rush's residence...continue to full post

Full post as published by Fourth Amendment on February 24, 2008 (boomark / email).