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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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texaslawhopefully
15:40
I guess it depends what your goals are. If it's generic biglaw, CLS will get you the same outcome
6 yrs on January 30th
lilypadfrog
15:40
awwww <3 i love love
I also like CLS for liberal clerking. approx 41 FCOA clerks per yr
It's there if I excel. if not then I'm chill with sticking to BL
texaslawhopefully
15:41
CLS is not even close to Chicago for clerking lmao
choosingpeace
15:41
wait would yall pick CLS or penn?
I didn't apply to either but I would pick penn
15:42
penn bc im in state
no no it's not. But I wouldn't clerk conservative, so idk about Chi #s for myself
cumsock
15:42
Penn
texaslawhopefully
15:42
I guess that's fair. From what I've heard UChicago for conservatives is on par w/ HYS for clerkships
texaslawhopefully
15:42
not sure about for liberals
cumsock
15:43
They’re very similar tho
cumsock
15:43
Both t6 ivies
Is that NYU disrespect???? NYU out the t-6?
15:44
Penn because my college friends who mentored me go there
lilypadfrog
15:45
NYU is a t6 unless they don’t accept me and then idgaf what they’re ranked
texaslawhopefully
15:46
That's the best mentality
texaslawhopefully
15:46
If I get into UChicago it will be CYS
lilypadfrog
15:48
waspy I’m sure he meant to clarify that CYS is Cornell Yale Stanford
yeah just making sure
I look really good in blue tho
obviously cornell is t3
cumsock
15:49
someone from my undergrad is going to columbia for a masters in social work and the way they are talking to me im pretty sure they think thats as hard to get accepted to as columbia law
every prof at cornell glazes it so hard
GreyCeaselessMammoth
15:50
i know so many heads going to various schools for random masters degrees and its like babe its not the sameeee
cumsock
15:50
"The acceptance rate for the Master of Science in Social Work (MSW) program at Columbia University is 74%" does he know?
15:50
@cumsock: some battles are won by avoiding fighting them
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