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M.D.Fla.: Approaching by the driveway does not violate curtilage

By John Wesley Hall, Jr.

Officers approaching defendant’s house from the street up the driveway that led to a smell of fresh marijuana did not violate cartilage. “Even assuming the area of the driveway where the Agents detected the smell of cannabis was within the curtilage of the Banana Residence, the Agents still did not violate the Defendants’ Fourth Amendment rights. It is well established that ‘the Fourth Amendment is not “implicated by entry upon private land to knock on a citizen’s door for legitimate police purposes unconnected with the search of the premises.”’” United States v. Neth, 2010 U.S. Dist. LEXIS 83985 (M.D. Fla. March 30, 2010).* A U.S. Forest Service Law Enforcement Officer patrolling the El Dorado National Forest and nearly had an accident with the defendant...continue to full post

Full post as published by Fourth Amendment on August 21, 2010 (boomark / email).