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IA: Defendant's driveway not curtilage, at least as a place for an investigative stop

By John Wesley Hall, Jr.

“Fernau’s driveway was not within the curtilage and the officers were permitted to conduct an investigatory stop in the driveway.” The stop was otherwise with reasonable suspicion. State v. Fernau, 2010 Iowa App. LEXIS 907 (August 25, 2010).* When the defendant’s car was stopped for a traffic offense, the officer could smell burnt marijuana coming from the car. The subsequent search was valid under the automobile exception, not the search incident doctrine, and Gant did not apply. The trial court erred in granting suppression. State v. Williams, 2010 Fla. App. LEXIS 12410 (Fla. 3d DCA August 25, 2010).* In a construction wire fraud case, the affidavit for the search warrant for the defendant’s office/law office was based on statements from a co-conspirator tax preparer who came to the FBI with documents that believed he was involved in preparation of false documents...continue to full post

Full post as published by Fourth Amendment on August 28, 2010 (boomark / email).