On July 11, 2013, the Eighth Circuit Court of Appeals decided the United States v. Bausby [i] which serves as an excellent review of the legal concept of curtilage and how it pertains to the Fourth Amendment.  The facts of Bausbyare as follows: One June day, Eric Haase was driving home from work when he passed by Chris Bausby’s residence in Kansas City, Missouri.  Haase noticed a motorcycle inside the chain-link fenced front yard of the residence that resembled a motorcycle stolen from him some months earlier.  The motorcycle had a “For Sale” sign next to it, bearing a phone number.  Haase called the [...]

On July 10, 2013, the Tenth Circuit Court of Appeals decided the United States v. Mongold and Moore [i], which addresses the issue of whether the odor of marijuana, a misdemeanor in Oklahoma, supports exigent home entry without a warrant.  The facts of Mongold are as follows: In 2010, Special Agent Ashley Stephens of the Bureau of Alcohol, Tobacco, and Firearms ("ATF") visited Ms. Moore's residence while investigating a large drug conspiracy and found a federal fugitive hiding there. Ms. Moore admitted to selling drugs within that conspiracy. She was not charged or convicted as part of that conspiracy, but Agent Stephens learned that [...]

On July 2, 2013, the Fifth Circuit Court of Appeals decided the United States v. Cotton [i] which serves as an excellent review of the law regarding consent to search and the scope of consent.  The facts of Cotton are as follows: In February 2011, Cotton was driving his rental car along Interstate 10 in east Texas when, without changing lanes or slowing his speed as required by Texas law, he passed Lieutenant Tony Viator's emergency vehicle parked on the side of the road. Having already received a tip from a fellow officer that Cotton might be carrying drugs, Viator conducted a stop and [...]

On February 13, 2013, the Eighth Circuit Court of Appeals decided the United States v. Skoda [i], which provides an answer to the question of whether a person possesses a reasonable expectation of privacy on land belonging to his family.  The facts of Skoda are as follows: On February 22, 2011, Deputy Dennis Guthard was patrolling an area including a strip mall and commercial storage business near a home. In the area around the home, which he believed was vacant, Guthard recognized Steve Bargen's van on a gravel drive leading down a hill to an open shed. Guthard had previously seen Bargen [...]

On March 13, 2013, the Court of Appeals of Georgia decided Corey v. State [i] in which they decided the issue of whether an officer may enter a DUI suspect’s garage at their residence without consent in order to conduct a DUI investigation.  The facts of Corey, taken directly from the case are as follows: [O]n the evening of October 10, 2011, he was on duty and in uniform when he received a radio dispatch that an off-duty officer saw someone driving erratically and thought the driver could be intoxicated. [The officer] drove in a marked patrol car to a residential location and [...]

On June 4, 2013, the Court of Appeals of Georgia decided the State v. Carr [i] which illustrates the bounds of conduct deemed reasonable under the Fourth Amendment, even when police take action based on “officer safety” concerns.  The facts of Carr are as follows: On March 30, 2012, Jhakeva Smith placed a 911 call to report an act of domestic violence committed against her by her boyfriend. Smith, who remained on the phone with dispatch as she waited for police, gave the 911 operator a description of the suspect and the clothes he was wearing. Officers Lance Wood and Tracy Marks of the Fulton [...]