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- Title
LET THIS JARDINES GROW: THE CASE FOR CURTILAGE PROTECTION IN COMMON SPACES.
- Authors
FIFIELD, KATHRYN E.
- Abstract
It is axiomatic that the Fourth Amendment to the United States Constitution protects Americans from unwarranted police intrusions in their homes. Areas immediately surrounding the home which are so "intimately tied" to the home's activities similarly protect Americans against warrantless search and arrest, or so says the doctrine of curtilage. However, courts have typically not extended curtilage protection to common areas, such as hallways, garages, or storage spaces within multi-unit structures, while they have recognized curtilage protection of similarly proximate spaces surrounding single-family homes. These courts rely almost entirely on an individual resident's inability to totally exclude others--landlords, repairmen, fellow tenants, or their guests--from these areas to conclude that these spaces cannot constitute curtilage or that expectations of privacy within these spaces are not objectively reasonable. The Wisconsin Supreme Court decided as such in State v. Dumstrey. Courts' reluctance to recognize curtilage protection in multi-unit dwellings creates a gap in privacy protection, particularly with respect to low-income urban residents, that belies deeply rooted privacy, property, and security interests. This Note argues that courts should utilize the licensing approach articulated in Florida v. Jardines to diminish the importance of the right to exclude, and that the Wisconsin Supreme Court should have taken this approach in Dumstrey.
- Subjects
UNITED States; OPEN fields doctrine (Searches &; seizures); SEARCHES &; seizures (Law); UNITED States. Constitution. 4th Amendment; PRIVACY; FLORIDA v. Jardines (Supreme Court case); PERSONAL security; PROPERTY rights; HOME security measures
- Publication
Wisconsin Law Review, 2017, Vol 2017, Issue 1, p147
- ISSN
0043-650X
- Publication type
Article