United States V Dunn

Question 0

Court considered for factors in determining if the area is open field or curtilage

Answer 0

1. proximity of area to home.
2. whether the areas within an enclosure that also surrounds a home.
3. nature and use to which area is put.
4. Steps taken by the resident to protect the area for observation by passersby

Question 1

Facts

Answer 1

DEA discovered Carpender bought large quantities of chemicals. Placed beepers in his equipment. Followed him to his ranch. Ranch surrounded by perimeter fence and several interior Barbwire fences. Fence around the house approximately 50 yards from the barn. Barn had an overhang and lock waste high gate. There lead there by the smell of chemicals Purdy motor running shined a flashlight inside and observe a drug lab. Obtain a search warrant.

Question 2

the court held

Answer 2

Defendant did not establish the area surrounding the barn as curtilage. Therefore the intrusion was not a search. Also warrantless naked eye observation of an area in which a reasonable expectation of privacy exist is not a search. Nor is the shining of a flashlight into an area of reasonable expectation of privacy.