Page 91 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

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.

©2021 Jack Ryan Legal & Liability Risk Management Institute 90