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N.C.: Consent to search a house includes outbuildings

By John Wesley Hall, Jr.

Consent to search a house includes outbuildings because a search warrant for a house includes outbuildings. State v. Hagin, 2010 N.C. App. LEXIS 642 (April 20, 2010): When a search is conducted pursuant to a valid search warrant, "[t]he premises of a dwelling house include, for search and seizure purposes, the area within the curtilage." State v. Courtright, 60 N.C. App. 247, 249, 298 S.E.2d 740, 742, .... The search of an outbuilding within the curtilage of the home does not exceed the scope of a warrant permitting the search of a suspect's property. See State v. Travatello, 24 N.C. App. 511, 513, 211 S.E.2d 467, 469 (1975) (holding that "[t]he search of the defendant's premises did not exceed the scope of the warrant by including a tool shed as well as the house itself...continue to full post

Full post as published by Fourth Amendment on April 23, 2010 (boomark / email).