What is the test for making contact with a person in the driveway of plaintiff's residence?

California, United States of America


The following excerpt is from Jones v. Su, A137942 (Cal. App. 2014):

Assuming plaintiff's driveway was part of the curtilage, the question before us is whether the DLSE deputies nevertheless acted reasonably in approaching the residence from the driveway to make contact with plaintiff and the other persons on the site. We note there is no evidence that a "private property, no trespassing" sign was present at the beginning of the driveway to suggest the property was cut off from intrusion. Even if such a sign had been present, as the United States Supreme Court has observed: "The existence of a physical trespass is only marginally relevant to the question of whether the Fourth Amendment has been violated . . . ." (United States v. Karo (1984) 468 U.S. 705, 712-713.)

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