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Simple English definitions for legal terms

curtilage

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A quick definition of curtilage:

Curtilage: The area around a house that is considered part of the home for legal purposes. This includes the space immediately surrounding the dwelling and is determined by four factors: how close something is to the house, whether it is enclosed, what it is used for, and whether steps were taken to protect it from being seen or accessed by others. If something is not part of the curtilage, it is considered an "open field" and can be searched without a warrant.

A more thorough explanation:

Definition: Curtilage refers to the area immediately surrounding a dwelling, which is considered part of the home for many legal purposes. It includes the space where people live and do things like gardening, playing, or relaxing.

When determining whether something is within a dwelling's curtilage, courts consider four factors:

  • The proximity of the thing to the dwelling.
  • Whether the thing is within an enclosure surrounding the home.
  • What the thing is used for.
  • What steps, if any, the resident took to protect the thing from observation/access by people passing by.

For example, a backyard garden that is enclosed by a fence and located close to the house would likely be considered part of the curtilage. However, a shed located far away from the house and not enclosed by a fence may not be considered part of the curtilage.

In the context of criminal procedure, any part of the property surrounding a dwelling that is not part of the curtilage is called an "open field." Officers are allowed to make a warrantless search of an open field, but a warrant is required to search the curtilage.

For example, if a police officer sees someone hiding in a field far away from a house, they can search that field without a warrant. However, if the officer sees someone hiding in a garden that is part of the curtilage, they would need a warrant to search that area.

curtesy | custodial interference

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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