California, United States of America
The following excerpt is from People v. Nunes, 278 Cal.Rptr.3d 425, 64 Cal.App.5th 1 (Cal. App. 2021):
The Fourth Amendment to the United States Constitution prohibits warrantless searches of places where someone has a reasonable expectation of privacy. ( Coolidge v. New Hampshire, supra , 403 U.S. at p. 454, 91 S.Ct. 2022.) Since privacy expectations are particularly strong in the home, warrantless searches of residences are presumed invalid. ( Payton v New York (1980) 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639.) Indeed, " physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed. " ( Id. at p. 585, 100 S.Ct. 1371.) The search in this case is considered a home search for Fourth Amendment purposes, because it occurred within the
[64 Cal.App.5th 6]
"curtilage" (the area immediately surrounding and associated with the home). ( Florida v. Jardines (2013) 569 U.S. 1, 6, 133 S.Ct. 1409, 185 L.Ed.2d 495.) The close connection between the curtilage and the home means that the curtilage is entitled to the same degree of privacy protection as the home itself. ( California v. Ciraolo (1986) 476 U.S. 207, 212, 106 S.Ct. 1809, 90 L.Ed.2d 210 ["The protection afforded the curtilage is essentially a protection of families and personal privacy in an area intimately linked to the home, both physically and psychologically, where privacy expectations are most heightened."].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.