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Enty into side yard to look through window was a search

By John Wesley Hall, Jr.

Officer's entry onto defendant's side yard to look through the slats in the blinds in the window was a search not justified by any exigency under Brigham City. People v. Gemmill, 2008 Cal. App. LEXIS 676 (3d Dist. May 6, 2008): Defendant contends Deputy Gassaway conducted a search within the meaning of the Fourth Amendment when he walked around the perimeter of the home and looked through the side window. We agree. After Deputy Gassaway heard no response from his knocks and yells at the front door, he walked around the right (north) side of the house, continuing to knock on the windows and announce his presence. There was no sidewalk but no fence either. It was not uncommon for people to walk by the north side of the house. People would walk to residences from the north side, and there was a "little wooded area kids play[ed] in...continue to full post

Full post as published by Fourth Amendment on May 07, 2008 (boomark / email).