Page 89 - North Carolina 2020 Legal Guide
P. 89

Task: Limits on Home Curtilage






          Florida v. Jardines, 133 S.Ct. 1409 (2013).





          • The area immediately surrounding and associated with the home--

               the curtilage--is part of the home itself for Fourth Amendment

               purposes.

          • A police officer not armed with a warrant may approach a home and

               knock, precisely because that is no more than any private citizen

               might do.


          • The implied invitation to knock does not carry with it the further

               authorization to conduct a search while on the property unless the

               officer has a warrant, exigency or consent.










                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    88
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