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AZ: Driveway next to the house was within curtilage where VIN plate on car was viewed

By John Wesley Hall, Jr.

Defendant’s vehicle was on the curtilage, despite the fact it was parked in the front and next to the house. A police officer had to enter the see the VIN plate on the vehicle. The open nature of a driveway is its observeability, not that people are expected to enter at will. State v. Olm, 2010 Ariz. App. LEXIS 22 (February 12, 2010): P14 It is undisputed that the officer could not see the Mustang's VIN plate from the street, the sidewalk, the concrete walkway leading to the front door, or from the area by the front door. In order to see the VIN plate, the officer had to enter the yard. The state argues that, because the yard was actually used as a driveway, it is a semiprivate area the officer could enter without invitation or justification...continue to full post

Full post as published by Fourth Amendment on February 17, 2010 (boomark / email).