Curtilage Violations: We Have a Strong Defense When Law Enforcement Invades Your Personal Space

Most Indianans know that they have rights specifically to protect them from overreach by law enforcement officials—they’re just not always sure exactly what those rights are. Introducing: curtilage. This is a term that any Indianan concerned about unlawful searches, seizures, and arrests should be aware of.

The attorneys at Razumich & Associates know that Indiana law protects residents from unlawful warrantless searches, and we do the same. If you believe law enforcement violated your 4th Amendment right against unreasonable search and seizure, call Razumich & Associates today at 317-983-5333 or contact us online to complete your consultation.

Not Your Home, But (Quite Literally) Close: Curtilage Defined

When we speak of our “home,” we generally mean more than just what lies within the front door. The legal definition of “curtilage” reflects the areas of our property that are outside the home, but are still very much part of our home, such as:

• The front and backyards
• The driveway
• Decks
• Outdoor lounge areas, such as cabanas
• Detached structures

The area generally surrounding a home is generally considered “curtilage,” as residents have a reasonable expectation of privacy in these areas.

How Is Curtilage Relevant to Indianans’ Rights from Law-Enforcement Overreach? 

The tenets of the Indiana Constitution and the United States Constitution explicitly “prohibit unreasonable search and seizure of persons and property.” These documents state that “curtilage” is an area “where a person might have a reasonable expectation of privacy,” and is therefore protected from warrantless searches.

If law enforcement officers violate these 4th-Amendment protections, the violation can substantially affect any resulting legal proceedings, typically in the defendant’s favor.

A Few Examples of Curtilage-Related 4th Amendment Violations

When discussing curtilage-related protections against law enforcement searches, we should first talk about exceptions. Curtilage protections may not apply if:

• Law enforcement saw something that warranted further search while they were at a lawful vantage point
• The law enforcement official only exercised their ability to knock on a front door and request to speak with the resident, as there is no curtilage protection against this behavior
• An open field allowed the law enforcement official to see something that warranted further search (while they were at a lawful vantage point)
• Exigent circumstances or consent from the resident made further search legal

With these exceptions laid out, let’s talk about violations. It is typically a violation of a resident’s Fourth Amendment rights if a law enforcement official:

• Walking on areas of the property, such as a side or backyard, without consent from a resident
• Peering into windows or doors 
• Searching detached buildings, including but not limited to garages and sheds
• Using technology, such as drones, in ways that violate curtilage protections

Outside of knocking and talking or gazing from a lawful distance, law enforcement officers have to respect the sanctity of private property—not just the structure, but the curtilage too.

Call Razumich & Associates Today If You Suspect an Unlawful Search Led to Your (or a Loved One’s) Arrest

Curtilage violations are all too common, considering that law enforcement officers should be the most well-studied and faithful students of Indiana law, as well as the U.S. Constitution.

If you know or suspect that your case involved an unlawful search, seizure, or arrest, call Razumich & Associates today at 317-983-5333 or contact us online. We will review your case and let you know if you have a valid curtilage-violation defense.