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E.D.Tenn.: Entry onto curtilage to ask questions about nearby crime was reasonable

By John Wesley Hall, Jr.

Entry onto defendant’s rural property to both turn around and then investigate a crime that occurred nearby was an entry onto the curtilage, but it was reasonable. “No Trespassing” sign alone was not completely determinative. Once there, the officer saw a vehicle of interest. United States v. Conyers, 2011 U.S. Dist. LEXIS 16872 (E.D. Tenn. January 21, 2011): As sacred as the home is, society is not willing to accept as reasonable an expectation that a police officer may not question a resident of a dwelling to ascertain if that resident has any information regarding the commission of a criminal act that occurred nearby, or evidence of a criminal act which was discovered nearby. Stated another way, it is not unreasonable for a police officer to come upon private property, even in the face of a no trespassing sign, to ask if the resident has any information that will aid in the investigation of a crime...continue to full post

Full post as published by Fourth Amendment on February 25, 2011 (boomark / email).