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480 U.S. 294, 296, 298 (1987). After confirming that the drug laboratory existed inside the barn, the agents obtained a search warrant, seized the chemicals and laboratory equipment, and arrested Dunn. for meand by that time there was nobody left to speak up." It is defendants burden to show that the Fourth Amendment protects his interest in the place searched. Google Scholar (For example, did you have to jump a fence, open a closed gate, stand on a retainer wall, go through foliage, etc. The officer does not need a search warrant, as Tommy is clearly in possession of drug paraphernalia. (criminal law/ 4th Amd) $ In determining whether an area is considered curtilage, a court will analyze several factors that indicate whether an individual would reasonably expect the area to be treated the same as the house itself, such as the proximity to the house, the nature of the use of the curtilage, and the privacy of the area. Statutes Governing Wiretapping and Electronic Eavesdropping (2012), Federal In Dunn, the Supreme Court announced the following factors to be considered in making a curtilage determination: (1) the proximity of the area claimed to be curtilage to the home; (2) whether the area is included within an enclosure surrounding the home; (3) the nature of the uses to which the area is put; and (4) the steps taken by the . a. And the list goes on. The Fourth Amendment states that a person is secure in their home against unreasonable search and seizure, and any search of a home must be upon the issuance of a warrant and based on probable cause. Id. Defining the Amorphous World of Curtilage for Fourth Amendment Purposes Most local, state and federal laws define what is or is not curtilage. Private driveways, which have been deemed access routes to the home, have yet to be extended the reasonable expectation of privacy by some state courts. Findlaw.com In 1987 in United States v. Dunn the United States Supreme Court listed four factors that should be considered when determining the extent of a home's curtilage: 1) the distance from the home to the location, 2) whether the location is in an enclosure surrounding the home, 3) the nature of the use to which the location is put, and 4) the steps taken by the resident to protect the area from . Id. These are parts of a structure than are not enclosed but are essentially part of the structure.