United States v. Larry G. Van Dyke, 643 F.2d 992 (4th Cir. 1981). · Go Syfert
United States v. Larry G. Van Dyke, 643 F.2d 992 (4th Cir. 1981). Cases Citing This Book View Copy Cite
80 citation events (10 in the last 25 years) across 28 distinct courts.
Strongest positive: Harson Chong v. United States (cacd, 2019-10-09) · Strongest negative: Sproates v. State (mdctspecapp, 1984-04-13)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Distinguished Sproates v. State
Md. Ct. Spec. App. · 1984 · signal: but see · confidence bake:flash_yellow
But see United States v. VanDyke, 643 F.2d 992, 994 (4th Cir.1981) where the Fourth Circuit rejected Ben-singer’s per se approach and stated that distance is only one of many factors to be weighed when determining the reach of the curtilage.
discussed Cited as authority (rule) Harson Chong v. United States
C.D. Cal. · 2019 · confidence medium
See California v. Ciraolo, 476 U.S. 207, 221 , 106 S.Ct. 1809 , 181 6 || 90 L.Ed.2d 210 (1986) (POWELL, J., dissenting) (citing Care v. United States, 231 F.2 22, 25 (CA10), cert. denied, 351 U.S. 932 , 76 S.Ct. 788 , 100 L.Ed. 1461 (1956); Unite 8 || States v. Van Dyke, 643 F.2d 992, 993-994 (CA4 1981)).
discussed Cited as authority (rule) Tac Tran v. United States
C.D. Cal. · 2019 · confidence medium
See California v. Ciraolo, 476 U.S. 207, 221 , 106 S.Ct. 1809 , 181 6 || 90 L.Ed.2d 210 (1986) (POWELL, J., dissenting) (citing Care v. United States, 231 F.2 22, 25 (CA10), cert. denied, 351 U.S. 932 , 76 S.Ct. 788 , 100 L.Ed. 1461 (1956); Unite 8 || States v. Van Dyke, 643 F.2d 992, 993-994 (CA4 1981)).
discussed Cited as authority (rule) Mallory v. City of Riverside
S.D. Ohio · 2014 · confidence medium
Id., citing California v. Ciraolo, 476 U.S. 207, 221 , 106 S.Ct. 1809 , 90 L.Ed.2d 210 (1986) (POWELL, J., dissenting) (citing Care v. United States, 231 F.2d 22, 25 (10th Cir.), cert. denied, 351 U.S. 932 , 76 S.Ct. 788 , 100 L.Ed. 1461 (1956); United States v. Van Dyke, 643 F.2d 992, 993-994 (4th Cir.1981)).
discussed Cited as authority (rule) McGurk v. State
Md. Ct. Spec. App. · 2011 · confidence medium
Gorman v. State, 168 Md.App. 412, 429 , 897 A.2d 242 (2006). “[Ajbsent exigent circumstances a warrantless search of one’s home or its curtilage, when effected through trespass, violates the Fourth Amendment.” United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981); see also State v. Pando, 284 Ga.App. 70 , 643 S.E.2d 342, 345 (2007) (“It is axiomatic that, under the Fourth Amendment, police officers are prohibited from entering a person’s home or its curtilage without a warrant absent consent or a showing of exigent circumstances”); Jefferson v. Commonwealth, 27 Va.App. 1 , 49…
cited Cited as authority (rule) United States v. Howe
4th Cir. · 2011 · confidence medium
United States v. Van Dyke, 643 F.2d 992, 993-94 (4th Cir.1981).
discussed Cited as authority (rule) People v. BRUNSTING (2×)
Colo. Ct. App. · 2009 · confidence medium
Courts have recognized that the curtilage immediately surrounding a private house is entitled to the same level of protection as is a residential dwelling because it harbors the "intimate activity associated with the 'sanctity of a [person's] home and the privacies of life"" Oliver v. United States, 466 U.S. 170, 180 , 104 S.Ct. 1735, 1742 , 80 L.Ed.2d 214 (1984) (quoting Boyd v. United States, 116 U.S. 616, 630 , 6 S.Ct. 524, 532 , 29 L.Ed. 746 (1886)); People v. Melton, 910 P.2d 672, 678 (Colo.1996) (Mullarkey, J., specially concurring). "[Albsent exigent circumstances a warrantless search o…
discussed Cited as authority (rule) State v. Lewis (2×)
Iowa · 2004 · confidence medium
See United States v. Romero-Bustamente, 337 F.3d 1104, 1107-08 (9th Cir. 2003) (holding a small enclosed backyard immediately adjacent to defendant's home qualified as part of curtilage protected by the Fourth Amendment); Daughenbaugh v. Tiffin, 150 F.3d 594 , 601-02 (6th Cir. 1998) (holding backyard qualified as part of curtilage protected by the Fourth Amendment); United States v. Jenkins, 124 F.3d 768, 772-73 (6th Cir.1997) (holding yard immediately accessible from the house and surrounded on three sides by a wire fence qualified as part of curtilage protected by the Fourth Amendment); Fixe…
discussed Cited as authority (rule) Watts v. State
Tex. App. · 2001 · confidence medium
However, the law does recognize an expectation of privacy in the curtilage, “an area of domestic use immediately surrounding a dwelling ... [that is] usually but not always fenced.” United States v. Van Dyke, 643 F.2d 992, 993-94 (4th Cir.1981).
discussed Cited as authority (rule) United States v. Kevin C. Reilly
2d Cir. · 1996 · confidence medium
And the Fourth Circuit, even before Dunn , explicitly criticized the Saiken rule, and pointed out that “distance is just one of many factors to be weighed when determining the reach of the curtilage.” United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir.1981).
discussed Cited as authority (rule) State v. Rigoulot
Idaho Ct. App. · 1992 · confidence medium
United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir. 1981); United States v. Jackson, 585 F.2d 653, 659 (4th Cir.1978) citing Katz v. United States, 389 U.S. 347 , 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967).
discussed Cited as authority (rule) State v. Kirchoff (2×)
Vt. · 1991 · confidence medium
See, e.g., United States v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987) (listing criteria for identifying curtilage, including steps landowner has taken to protect area from observation); United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir.1981) ("isolated, rural area," "secluded setting," and "no trespassing" signs are all factors in determining that curtilage extended 150 feet from residence).
discussed Cited as authority (rule) Hergott v. State (2×) also: Cited "see, e.g."
Ala. Crim. App. · 1990 · confidence medium
See California v. Ciraolo, 476 U.S. 207, 221 [ 106 S.Ct. 1809, 1817 , 90 L.Ed.2d 210 ] (1986) (POWELL, J., dissenting) (citing Care v. United States, 231 F.2d 22, 25 (CA 10), cert. denied, 351 U.S. 932 [ 76 S.Ct. 788 , 100 L.Ed. 1461 ] (1956); United States v. Van Dyke, 643 F.2d 992, 993-994 (CA 4 1981)).
cited Cited as authority (rule) United States v. Boger
E.D. Wash. · 1990 · confidence medium
United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir.1980); Fixel v. Wainwright, 492 F.2d 480, 483 (5th Cir.1974); United States v. Davis, 423 F.2d 974, 976 (5th Cir.1970).
discussed Cited as authority (rule) United States v. Charlene M. Owens, A/K/A Charlie (2×)
4th Cir. · 1988 · confidence medium
United States v. Van Dyke, 643 F.2d 992, 993 (4 Cir.1981).
discussed Cited as authority (rule) State v. Washington
N.C. Ct. App. · 1987 · confidence medium
Cf. Dunn, 480 U.S. at —, 94 L.Ed. 2d at 335 (where no exclusionary fence surrounded barn and residence, fact barn was 60 yards from house did not support inference that barn was part of curtilage); United States v. Van Dyke, 643 F. 2d 992, 994 (4th Cir. 1981) (where exclusionary fence surrounded residence, curtilage extended 150 feet from house to fence); but see Fields, 315 N.C. at 196 n.2, 337 S.E. 2d at 521 n.2 (shed’s distance of 45 feet from home was not close enough to show structure was indispensable to comfort and convenience of dwelling).
discussed Cited as authority (rule) State v. Washington
N.C. Ct. App. · 1987 · confidence medium
Cf. Dunn, 480 U.S. at ___ , 107 S.Ct. at 1140 , 94 L.Ed.2d at 335 (where no exclusionary fence surrounded barn and residence, fact barn was 60 yards from house did not support inference that barn was part of curtilage); United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir.1981) (where exclusionary fence surrounded residence, curtilage extended 150 feet from house to fence); but see Fields, 315 N.C. at 196 n. 2, 337 S.E.2d at 521 n. 2 (shed's distance of 45 feet from home was not close enough to show structure was indispensable to comfort and convenience of dwelling).
discussed Cited as authority (rule) United States v. Dunn (2×)
SCOTUS · 1987 · confidence medium
See California v. Ciraolo, 476 U. S. 207, 221 (1986) (POWELL, J., dissenting) (citing Care v. United States, 231 F. 2d 22, 25 (CA10), cert. denied, 351 U. S. 932 (1956); United States v. Van Dyke, 643 F. 2d 992, 993-994 (CA4 1981)). [4] We do not suggest that combining these factors produces a finely tuned formula that, when mechanically applied, yields a "correct" answer to all extent-of-curtilage questions.
discussed Cited as authority (rule) State v. Bridges
Me. · 1986 · confidence medium
Although a warrantless search of the home or curtilage may violate the fourth amendment when undertaken by a physical entry onto the property, see United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981), generally observations of areas within the curtilage from ground locations outside the curtilage are permissible, absent measures taken by the occupant to prevent such observations.
discussed Cited as authority (rule) United States v. Broadhurst
E.D. Cal. · 1985 · confidence medium
See, e.g., Boyd v. United States, 116 U.S. 616, 630 , 6 S.Ct. 524, 532 , 29 L.Ed. 746 (1886) (defining curtilage as the area to which extends the intimate activity associated with the “sanctity of a man’s home and the privacies of life.”); United States v. Van Dyke, 643 F.2d 992, 993, n. 1 (4th Cir.1981) (defining curtilage as “an area of domestic use immediately surrounding a dwelling and usually but not always fenced in with a dwelling.”) The Ninth Circuit has adopted a curtilage analysis which takes into account three principal considerations: Whether the place searched is within …
discussed Cited as authority (rule) United States v. Bassford (2×)
D. Me. · 1985 · confidence medium
Although a warrantless search of a home or its curtilage effected by means of a physical intrusion into the curtilage violates the fourth amendment absent exigent circumstances, see United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981), observations of areas within the curtilage from ground locations outside the curtilage are generally permissible, absent use by the occupant of measures to prevent such observations.
examined Cited as authority (rule) Oliver v. United States (4×) also: Cited "see, e.g."
SCOTUS · 1984 · confidence medium
See, e. g., United States v. Berrong, 712 F. 2d 1370, 1374 , and n. 7 (CA11 1983), cert. pending, No. 83-988; United States v. Van Dyke, 643 F. 2d 992, 993-994 (CA4 1981).
discussed Cited as authority (rule) United States v. Ray E. Oliver, A/K/A Edward Ray Oliver (2×)
6th Cir. · 1982 · confidence medium
See United States v. Ramapuram, 632 F.2d 1149, 1155 (4th Cir. 1980), cert. denied, 450 U.S. 1030 , 101 S.Ct. 1739 , 68 L.Ed.2d 225 (1981); United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir. 1980). 59 In United States v. Lace, 669 F.2d 46 (2d Cir. 1982) the Second Circuit held that observations made by police officers while trespassing on private land were admissible.
discussed Cited as authority (rule) State v. Settle (2×)
N.H. · 1982 · confidence medium
Other courts have held that there is no privacy interest in material stored in a condominium garage, United States v. Cruz Pagan, 537 F.2d 554, 557-58 (1st Cir. 1976), but there could be in a rural house being observed from a honeysuckle patch that is 150 feet away from the house, United States v. Van Dyke, 643 F.2d 992, 994-95 (4th Cir. 1981); there is also a privacy interest in a shed near a rural farm house, United States v. Holmes, 521 F.2d 859 , 869-70 (5th Cir. 1975), but not in the trunk of a junked car in the defendant's farm field, United States v. Ramapuram, 632 F.2d 1149, 1155-56 (4…
discussed Cited as authority (rule) United States v. David T. Lace, Roger R. Ducharme, Gary D. Butts, Patricia Eckman, and Glenn Pollack (2×)
2d Cir. · 1982 · confidence medium
Instead, the issue is whether 'if the particular form of surveillance practiced by the police is permitted to go unregulated by constitutional restraints, the amount of privacy and freedom remaining to citizens would be diminished to a compass inconsistent with the aims of a free and open society.' " (quoting Amersterdam, Perspectives on the Fourth Amendment, 58 Minn.L.Rev. 349, 403 (1974) (emphasis added)). 50 Moreover, even apart from the particular form of the surveillance, "absent exigent circumstances a warrantless search of one's home or its curtilage, when effected through trespass, vio…
discussed Cited "see" Jefferson v. Commonwealth (2×) also: Cited "see, e.g."
Va. Ct. App. · 1998 · signal: see · confidence high
See Van Dyke, 643 F.2d at 993 ; Walker, 154 Wis.2d at 182-83 , 453 N.W.2d at 137 (holding that “Payton and Oliver require that police obtain a warrant before entering either the home or its curtilage to make an arrest” unless they have both probable cause and exigent circumstances).
discussed Cited "see" Buonocore v. Harris
4th Cir. · 1995 · signal: see · confidence high
See United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981) (“absent exigent circumstances, a warrantless search of one’s home or its curtilage, when effected through trespass, violates the fourth amendment”).
discussed Cited "see" State v. Rogers
Vt. · 1993 · signal: see · confidence high
See United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir. 1981) (in “secluded setting” it is reasonable to conclude that the curtilage may embrace area fifty yards from home).
examined Cited "see" California v. Ciraolo (8×) also: Cited "see, e.g."
SCOTUS · 1986 · signal: see · confidence high
The lower federal courts have agreed that the curtilage is “an area of domestic use immediately surrounding a dwelling and usually but not always fenced in with the dwelling.” 6 United States v. LaBerge, 267 F. Supp. 686, 692 (Md. 1967); see United States v. Van Dyke, 643 F. 2d 992, 993, n. 1 (CA4 1984).
cited Cited "see" State v. Niedergang
Wash. Ct. App. · 1986 · signal: see · confidence high
See United States v. Van Dyke, 643 F.2d 992, 993-94 (4th Cir. 1981); United States v. Williams, 581 F.2d 451, 453-54 (5th Cir. 1978).
discussed Cited "see" State v. Brown
Conn. · 1986 · signal: see · confidence high
However, where an officer steps out of that status, in the absence of exigent circumstances; see United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir. 1981); and travels thirty feet to a closed garage situated in the rear of the house lot, that privileged status is lost.
cited Cited "see" Dow Chemical Company v. United States of America, by and Through Anne M. Burford, Administrator, Environmental Protection Agency
6th Cir. · 1984 · signal: see · confidence high
See United States v. Van Dyke, 643 F.2d 992 (4th Cir.1981).
discussed Cited "see" State v. Kelly (2×)
Idaho Ct. App. · 1984 · signal: see · confidence high
See United States v. Van Dyke, 643 F.2d 992 (4th Cir.1981).
discussed Cited "see" DeMontmorency v. State
Fla. Dist. Ct. App. · 1981 · signal: see · confidence high
See, however, United States v. Van Dyke, 643 F.2d 992 (4th Cir.1981), [8] in which the court observed that the government cited no cases in which a building or area within an exclusionary fence surrounding a residence was found to be outside the curtilage, and further stated (Id. at 994): Assuming that sheer distance could in some instances lead us to conclude that a particular area was outside the curtilage even though inside a fence surrounding a residence, this case does not present such a situation.
discussed Cited "see, e.g." State v. Vann Sutton
N.M. Ct. App. · 1991 · signal: compare · confidence low
Saiken v. Bensinger, 546 F.2d 1292 (7th Cir.1976), cert. denied, 431 U.S. 930 , 97 S.Ct. 2633 , 53 L.Ed.2d 245 (1977) (analyzing a number of curtilage cases for distance; figures show no case holding distance of one hundred yards within curtilage; court suggested that anything more than seventy-five feet from a dwelling is outside the curtilage); compare Oliver v. United States (fifty yards is a “substantial distance” from the house) with United States v. Van Dyke, 643 F.2d 992 (4th Cir.1981) (area 50 yards from house is within curtilage because within enclosure surrounding house and withi…
discussed Cited "see, e.g." Bower v. State (2×)
Tex. Crim. App. · 1989 · signal: see also · confidence medium
Accordingly, `warrantless searches are improper absent exigent circumstances, at least when the investigating officers have intruded upon the curtilage for the purpose of conducting a search for criminal activity.' United States v. Williams, 581 F.2d 451, 453 (5th Cir.1978); see also United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981); United States v. Jackson, 585 F.2d 653, 660 (4th Cir.1978) (dictum); United States v. Davis, 423 F.2d 974, 976-77 (5th Cir.), cert. denied, 400 U.S. 836 , 91 S.Ct. 74 , 27 L.Ed.2d 69 (1970)." 694 S.W.2d at 159-160 .
discussed Cited "see, e.g." State v. Pease
Me. · 1987 · signal: see also · confidence medium
See also United States v. Van Dyke, 643 F.2d 992, 994 (4th Cir.1981) (officers within an enclosing fence and 15 feet from mowed lawn were within the curti-lage); Fullbright v. United States, 392 F.2d 432 (10th Cir.1968) (site of officer’s surveillance not within the yard or enclosure related in use or purpose to the house or outbuildings).
discussed Cited "see, e.g." People v. Shorty
Colo. · 1987 · signal: see, e.g. · confidence medium
See, e.g., United States v. Van Dyke, 643 F.2d 992, 993-994 (C.A. 4 1981); United States v. Williams, 581 F.2d 451, 453 (C.A. 5 1978); Care v. United States, 231 F.2d 22, 25 (C.A. 10), cert. denied, 351 U.S. 932 [ 76 S.Ct. 788 , 100 L.Ed. 1461 ] (1956). .
cited Cited "see, e.g." State v. Crenshaw
N.M. Ct. App. · 1986 · signal: see, e.g. · confidence low
See, e.g., United States v. Van Dyke, 643 F.2d 992 (4th Cir.1981) (area occupied by officers in honeysuckle patch one hundred fifty feet from house was within curtilage).
discussed Cited "see, e.g." Kann v. State (2×)
Tex. App. · 1985 · signal: see also · confidence medium
Accordingly, "warrantless searches are improper absent exigent circumstances, at least when the investigating officers have intruded upon the curtilage for the purpose of conducting a search for criminal activity." United States v. Williams, 581 F.2d 451, 453 (5th Cir.1978); see also United States v. Van Dyke, 643 F.2d 992, 993 (4th Cir.1981); United States v. Jackson, 585 F.2d 653, 660 (4th Cir.1978) (dictum); United States v. Davis, 423 F.2d 974, 976-77 (5th Cir.), cert. denied, 400 U.S. 836 , 91 S.Ct. 74 , 27 L.Ed.2d 69 (1970).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Larry G. VAN DYKE, Appellant
79-5101.
Court of Appeals for the Fourth Circuit.
Apr 28, 1981.
643 F.2d 992
J. Flowers Mark, Alexandria, Va. (Barry Wolf, Mark & Moffitt, Alexandria, Va., Frank Mika, Meisnere & Mika, Washington, D.C., on brief), for appellant., Catherine C. Blake, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty., Kurt L. Schmoke, Asst. U. S. Atty., Baltimore, Md., on brief), for appellee.
Butzner, Field, Widener.
Cited by 61 opinions  |  Published
BUTZNER, Circuit Judge:

Larry G. Van Dyke appeals his conviction under 21 U.S.C. § 841 and 18 U.S.C. § 2 for possession of marijuana with intent to distribute. Van Dyke claims that evidence seized pursuant to his warrantless arrest should have been suppressed because probable cause for his arrest was obtained through violation of the fourth amendment. We reverse and remand for new trial.

I

Van Dyke was arrested outside a residence in rural Maryland. Built on waterfront property, the house sits in the middle of an extensive lawn which is bounded by water, trees, and a dirt road. This road leading from a public highway provides the[*993] only vehicular access to the property. The house is not visible from the highway.

The evening of the arrest, federal customs officers, who had been alerted to the likelihood of drug traffic at the residence, conducted surveillance from a neighbor’s adjoining property. They could see cars arriving and persons entering the house. At approximately 8:30 p. m., in the words of one officer, “It had gotten dark so we moved in closer to the property so we could have a better vantage to conduct our surveillance.” The officers walked through the trees growing along the boundary between the two properties, climbed a fence, and moved 15 feet beyond the fence to a location 150 feet from the residence. There they lay down in a patch of honeysuckle bordering the mowed lawn.

At about ten o’clock, the officers saw a van and a pickup truck stop at the house. After observing plastic-wrapped packages being loaded from the van to the truck, one officer moved “right against the garage” to obtain a better view. When Van Dyke walked within two feet of him, the officer whispered “Come here” to Van Dyke, who screamed and ran. The officers pursued Van Dyke, arrested him, and seized the packages in the truck, which contained marijuana.

After a suppression hearing, the district court held:

[Ajgents are allowed to trespass upon individual’s property as long as they do not search the house or curtilage, and do not physically enter or peer into enclosed buildings, vehicles or the like.... If the agent, through his observations, develops probable cause to believe that a crime is being committed, he may further enter the property in order to effect an arrest.

The district court found that because the officers were 150 feet from the house, their presence 15 feet within the fence did not infringe the curtilage. It held that the officers’ observations from that vantage point, coupled with their knowledge of how marijuana was packaged, justified the arrest. It therefore refused to suppress the evidence regarding the marijuana seized pursuant to the arrest.

II

Because expectations of privacy are inherent in the common law concept of “curtilage,” [1] we have recently reiterated that absent exigent circumstances a warrantless search of one’s home or its curtilage, when effected through trespass, violates the fourth amendment. See United States v. Jackson, 585 F.2d 653, 660 (4th Cir. 1978) (dictum).

We cannot agree with the district court that because the officers were situated 150 feet from the residence, their surveillance comported with the fourth amendment. We note, however, that United States v. Bensinger, 546 F.2d 1292 (7th Cir. 1976), offers support for such a per se rule. In Bensinger the questioned area was a fenced goose house 400 feet from the dwelling. Between the goose house and the dwelling were another fence, a farm road, and a parking area. Although the area around the goose house clearly appears to have been located outside the curtilage, the court went on to review numerous appellate decisions involving the issue of the reach of the curtilage. It found only one case in which an area over 100 feet from the house was still held within the curtilage. [2] It cited five cases, including our own decision in United States v. Minton, 488 F.2d 37 (4th Cir. 1973), in which areas located 80 to 300 feet from the residence were held outside the curtilage. The Bensinger opinion concluded that these cases “enunciate a clear rule: any outbuilding or area within 75 feet is within the curtilage and any outbuilding or area further than 75 feet is outside the curtilage.” 546 F.2d at 1297.

[*994] We decline to apply a 75-foot per se rule in this case. As most courts recognize, distance is just one of many factors to be weighed when determining the reach of the curtilage. For example, in Care v. United States, 231 F.2d 22, 25 (10th Cir. 1956), the court said, “Whether the place searched is within the curtilage is to be determined from the facts, including its proximity or annexation to the dwelling, its inclusion within the general enclosure surrounding the dwelling, and its use and enjoyment as an adjunct to the domestic economy of the family”. Indeed, in concluding that particular areas were not within the curtilage, the opinions cited by the Bensinger court stressed other factors arguably as important to their rulings as distance. We held in Minton that when officers had stationed themselves on an embankment approximately 80 feet away from a building located on the defendant’s property, “such a location at such a distance [was] probably not within the curtilage.” There had been no showing in that case, however, that the embankment was part of a yard. Additionally, we noted that the embankment had not been clearly shown to be on the defendant’s property, and we expressed doubt that the building itself was primarily used as a residence. 488 F.2d at 38 & n.1.

Similarly, in Janney v. United States, 206 F.2d 601, 602 (4th Cir. 1953), the officer had positioned himself outside of the exclusionary fence that enclosed the dwelling and outbuildings. In Hodges v. United States, 243 F.2d 281 (5th Cir. 1957), the chicken house searched by the agents was separated from the dwelling by two exclusionary fences. In Brock v. United States, 256 F.2d 55 (5th Cir. 1958), the small concrete house searched by agents was separated by an exclusionary fence from residence, which moreover was not in use as a dwelling house at the time. And finally, in Fullbright v. United States, 392 F.2d 432 (10th Cir. 1968), the court stressed there was no evidence that the area from which officers conducted surveillance was within any yard or other enclosure related in use or purpose to the house or its outbuildings.

In the present case, because the honeysuckle patch occupied by the officers was within the exclusionary fence, we think the officers conducted their surveillance from within the curtilage. The fence marked a boundary and served to exclude others from entering the property adjacent to the dwelling. The lawn, which clearly was a part of the residence’s curtilage, was only 15 feet away from this fence, and we can see no reason to exclude this 15-foot strip between the fence and the lawn from the protection usually extended to enclosed yards.

The government has cited no cases in which a building or area within an exclusionary fence surrounding a residence was found to be outside the curtilage. Assuming that sheer distance could in some instances lead us to conclude that a particular area was outside the curtilage even though inside a fence surrounding a residence, this case does not present such a situation. All the physical attributes of the house and its surrounding land bespeak expectations of privacy. The house, screened by trees, is located in an isolated, rural area with entry provided by a dirt road posted “no trespassing.” In such a secluded setting, it is reasonable to conclude that the curtilage embraces an area 150 feet from the residence, especially when the lawn extends virtually that far and a fence limits access.

Ill

Because the government may elect to retry Van Dyke, we emphasize the narrowness of our ruling. We do not hold that Van Dyke has established that he personally had a reasonable expectation of privacy in the house and curtilage the night of the search. At the time of the trial, Van Dyke had “automatic standing” under Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), and the district court understandably found it unnecessary to explore his specific expectation of privacy. After Van Dyke’s trial, however, Jones was overruled by United States v. Salvucci, 448 U.S. 83, 100 S.Ct. 2547, 65 L.Ed.2d 619 (1980).

Instead of approaching fourth amendment issues through a two-step analysis considering first the issue of standing and then the substantive scope of the amend-[*995] merit’s protection, the Supreme Court has now instructed us to consider only the substantive question whether a particular defendant had a legitimate expectation of privacy in the area searched. United States v. Salvucci, 100 S.Ct. at 2553. See also Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980).

Here we reverse only the district court’s ruling that the area occupied by the officers for surveillance was outside the curtilage. Because Van Dyke relied on automatic standing as provided by Jones, he had no occasion to introduce evidence to establish that he had a legitimate expectation of privacy in the curtilage. If the government elects to retry him, he should have an opportunity to demonstrate, if he can, that his own fourth amendment rights were violated. See Salvucci, 100 S.Ct. at 2555.

We find no merit in Van Dyke’s other assignment of error.

REVERSED AND REMANDED.

1

. The curtilage has been defined as “an area of domestic use immediately surrounding a dwelling and usually but not always fenced in with a dwelling.” United States v. LaBerge, 267 F.Supp. 686, 692 (D.Md.1967).

2

. Walker v. United States, 225 F.2d 447 (5th Cir. 1955) (barn located 210-240 feet from the dwelling).