Search Warrants - What makes up Curtilage?   Tags: constitutional_law, criminal_law  

This research guide is primarily concerned with the concept of curtilage. Curtilage is a common law concept that is generally understood to consist of the area around the home. The Supreme Court in Oliver v. United States clarified earlier cases and stated that, "an individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home." Courts generally grant people a right of privacy within the curtilage of their home, but there are exceptions to this principle. This annotation is concerned with the cases and resources that help courts define curtilage in the context of the Fourth Amendment. The question of whether a search falls outside the curtilage or is within the curtilage can determine whether the search is upheld or the evidence is suppressed. This annotation also contains cases where a search was within the curtilage but where the owner had no right to privacy.

This research guide was developed for Professor Nancy Johnson's Advanced Legal Research class at Georgia State College of Law. it is a collection of cases and resources dealing with curtilage. Curtilage is a common law concept that includes the area around a dwelling. This annotation is designed to give users a guide to finding important cases and resources to determine whether a search was within the curtilage of a dwelling.

Cal Leipold is a Third Year Law Student at Georgia State College of Law. He is pursuing a career in the Army JAG Corps after graduation. Cal created this guide for Professor Nancy Johnson's Advanced Legal Research Class in Fall 2007.

Nothing in this guide should be understood as offering legal advice. Do not rely on the author's interpretation of cases and secondary sources. This guide is not comprehensive and is merely a compellation of what the author thought was the most important resources on the topic of curtilage. This guide was last updated in November 2007. Remember to Sheperdize all cases to ensure that they are still good law before relying on them.

Bibliographies on this Web site were prepared for educational purposes by law students as part of Nancy P. Johnson's Advanced Legal Research course. The Law Library does not guarantee the accuracy, completeness, or usefulness of any information provided. Thorough legal research requires a researcher to update materials from date of publication; please note the semester and year the bibliography was prepared.