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Collins v. Virginia: An Innocuous, Fourth Amendment Decision About Curtilage
Cornell law professor Sherry F. Colb comments on the US Supreme Court’s precedents recognizing, yet not clearly defining, “curtilage”—the area near one’s house that is constitutionally protected against warrantless searches by law enforcement. As Colb explains, the Court’s cases involving curtilage, including its recent decision in Collins v. Virginia leave many Fourth Amendment questions unanswered.
Collins v Virginia Supreme Court Case Important Protection for 4th Amendment
The word "curtilage" isn't a common one. It is defined as "an area of land attached to a house and forming one enclosure with it." which still doesn't really tell us much. The easiest way to think of it is the area around your house. Some cops went onto a property and searched a motorcycle under a tarp. The owner said they had no right to do that because it was on private property. The case ended up before the Supreme Court which handed down their ruling. Click through to the blog for details and a copy of the ruling itself.
I like to share the text of the 4th Amendment whenever I get the chance. It serves as a reminder of the limitations of government and the right of the people in relation to their property. It reads simply:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but…
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Estate Agent boards knowingly breaking the rules
Estate Agent boards knowingly breaking the rules
The rules for positioning estate agent ‘for sale’ boards are fairly simple. A board maybe be erected with the curtilage [see definition below, and detailed description HERE] of a property to advertise that it’s for sale or rent. The word ‘curtilage’ is generally used to refer to a parcel of land attached to a dwellinghouse and forming one enclosure with it, where their relationship is such that…
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The needs of law enforcement, to which my colleagues seem inclined to refuse nothing, are quickly making personal privacy a distant memory. 1984 may have come a bit later than predicted, but it's here at last.
United States v. Pineda-Moreno
617 F.3d 1120 (9th Cir. 2010)
