Can a police officer enter the curtilage of a house and enter into the front garden of the house?

California, United States of America


The following excerpt is from People v. Thompson, 221 Cal.App.3d 923, 270 Cal.Rptr. 863 (Cal. App. 1990):

"The presence of an officer within the curtilage of a residence does not automatically amount to an unconstitutional invasion of privacy. Rather, it must be determined under the facts of each case just how private the particular observation point actually was. It is clear that police with legitimate business may enter areas of the curtilage which are impliedly open, such as access routes to the house. In so doing they are free to keep their eyes open. [Citation.] An officer is permitted the same license to intrude as a reasonably respectful citizen. [Citation.] However, a substantial and unreasonable departure from such an area, or a particularly intrusive method of viewing, will exceed the scope of the implied invitation and intrude upon a constitutionally protected expectation of privacy. [p] What is reasonable cannot be determined by a fixed formula. It must be based on the facts and circumstances of each case. [Citation.]" (State v. Seagull, 95 Wash.2d 898, 632 P.2d 44, 47, fn. omitted.)

Other Questions


What is the scope of the implied invitation of a police officer to enter the curtilage of a house? (California, United States of America)
Can a police officer enter a house where the landlord's aegent has authority to enter? (California, United States of America)
In what circumstances will the landlord of an apartment house evict a police officer who found a large quantity of typewriters and office equipment in the garage of the apartment house where they were evicted? (California, United States of America)
When a police officer stops a man from entering a car park in front of a large group of people who have parked there, is the officer's presence visible to the public view? (California, United States of America)
Can a police officer enter the curtilage of a house in violation of the implied invitation of the homeowner's privacy? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Does a superior court's finding that a trespassing officer had a right to enter the yard of a private member of the public who had entered the yard without permission of the police officer? (California, United States of America)
Can a police officer without a warrant enter into the front yard of a house, through a screen door, and observe illegal activity in plain view? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.