curtilage is determined factors (Illinois) · Go Syfert
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curtilage is determined factors in Illinois

7 Illinois opinions name it 2 courts 1999–2016 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
United States v. Dunngreen
scotus · 1987 · cited in 6 Illinois opinions naming this issue, 1999–2016
2 sentences

2016Dunn recognized that “the Fourth Amendment protects the curtilage of a house and that the extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.” Dunn, 480 U.S. at 300 (citing Oliver, 466 U.S. at 180 ).

2016The State quotes People v. Pitman, 211 Ill. 2d 502, 516 (2004), where this court stated: “[i]n determining whether a particular area falls within a home’s curtilage, a court asks whether the area harbors the intimate activities commonly associated with the sanctity of a person’s home and the privacies of life.” In Pitman, this court noted: “[t]he extent of the curtilage is determined by factors ‘that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.’ ” Pitman, 211 Ill. 2d at 516 (quoting Dunn, 480 U.S. at 300 ).

36
United States v. James L. Mooring, United States of America v. Cheryl D. Mooringgreen
ca8 · 1998 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004Ed. 2d 326, 334 , 107 S. Ct. 1134, 1139 (1987); accord Nielson, 187 Ill. 2d at 281 ; United States v. French, 291 F.3d 945, 951 (7th Cir. 2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir. 1998).

2004The extent of the curtilage is determined by factors "that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself." United States v. Dunn, 480 U.S. 294, 300 , 107 S.Ct. 1134, 1139 , 94 L.Ed.2d 326, 334 (1987); accord Nielson, 187 Ill.2d at 281 , 240 Ill.Dec. 650 , 718 N.E.2d 131 ; United States v. French, 291 F.3d 945, 951 (7th Cir.2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir.1998).

22
United States v. Aaron L. Frenchgreen
ca7 · 2002 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004Ed. 2d 326, 334 , 107 S. Ct. 1134, 1139 (1987); accord Nielson, 187 Ill. 2d at 281 ; United States v. French, 291 F.3d 945, 951 (7th Cir. 2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir. 1998).

2004The extent of the curtilage is determined by factors "that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself." United States v. Dunn, 480 U.S. 294, 300 , 107 S.Ct. 1134, 1139 , 94 L.Ed.2d 326, 334 (1987); accord Nielson, 187 Ill.2d at 281 , 240 Ill.Dec. 650 , 718 N.E.2d 131 ; United States v. French, 291 F.3d 945, 951 (7th Cir.2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir.1998).

22
People v. Nielsongreen
ill · 1999 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004The extent of the curtilage is determined by factors "that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself." United States v. Dunn, 480 U.S. 294, 300 , 107 S.Ct. 1134, 1139 , 94 L.Ed.2d 326, 334 (1987); accord Nielson, 187 Ill.2d at 281 , 240 Ill.Dec. 650 , 718 N.E.2d 131 ; United States v. French, 291 F.3d 945, 951 (7th Cir.2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir.1998).

2004The extent of the curtilage is determined by factors "that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself." United States v. Dunn, 480 U.S. 294, 300 , 107 S.Ct. 1134, 1139 , 94 L.Ed.2d 326, 334 (1987); accord Nielson, 187 Ill.2d at 281 , 240 Ill.Dec. 650 , 718 N.E.2d 131 ; United States v. French, 291 F.3d 945, 951 (7th Cir.2002); United States v. Mooring, 137 F.3d 595, 596 (8th Cir.1998).

22
People v. Pitmangreen
ill · 2004 · cited in 3 Illinois opinions naming this issue, 2015–2016
2 sentences

2016The State quotes People v. Pitman, 211 Ill. 2d 502, 516 (2004), where this court stated: “[i]n determining whether a particular area falls within a home’s curtilage, a court asks whether the area harbors the intimate activities commonly associated with the sanctity of a person’s home and the privacies of life.” In Pitman, this court noted: “[t]he extent of the curtilage is determined by factors ‘that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.’ ” Pitman, 211 Ill. 2d at 516 (quoting Dunn, 480 U.S. at 300 ).

2016The State quotes People v. Pitman, 211 Ill. 2d 502, 516 (2004), where this court stated: “[i]n determining whether a particular area falls within a home’s curtilage, a court asks whether the area harbors the intimate activities commonly associated with the sanctity of a person’s home and the privacies of life.” In Pitman, this court noted: “[t]he extent of the curtilage is determined by factors ‘that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.’ ” Pitman, 211 Ill. 2d at 516 (quoting Dunn, 480 U.S. at 300 ).

13
Boyd v. United Statesred
scotus · 1886 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016Dunn further recognized that the central component of the curtilage inquiry is “whether the area harbors the ‘intimate activity associated with the “sanctity of a man’s home and the privacies of life.” ’ ” Dunn, 480 U.S. at 300 (quoting Oliver, 466 U.S. at 180 , quoting Boyd v. United States, 116 U.S. 616, 630 (1886)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Oliver v. United States green
scotus · 1984
2 sentences

2016Dunn recognized that “the Fourth Amendment protects the curtilage of a house and that the extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself.” Dunn, 480 U.S. at 300 (citing Oliver, 466 U.S. at 180 ).

2016Dunn further recognized that the central component of the curtilage inquiry is “whether the area harbors the ‘intimate activity associated with the “sanctity of a man’s home and the privacies of life.” ’ ” Dunn, 480 U.S. at 300 (quoting Oliver, 466 U.S. at 180 , quoting Boyd v. United States, 116 U.S. 616, 630 (1886)).

12016–2016
People v. Valle green
illappct · 2015
2 sentences

2015“These factors include: (1) the proximity of the area claimed to be the home’s curtilage; (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 resident to protect the area from -8- 2015 IL App (2d) 131319 observation by people passing by.” Id. (citing Dunn, 480 U.S. at 301 ).

2015“These factors include: (1) the proximity of the area claimed to be the home’s curtilage; (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 resident to protect the area from -8- 2015 IL App (2d) 131319 observation by people passing by.” Id. (citing Dunn, 480 U.S. at 301 ).

12015–2015

Statutes the citing opinions construe

IL § 720 ILCS 550/5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 8 (1992–2025) IL 7 (1999–2016) VA 6 (1998–2024) KS 3 (2007–2015) WI 3 (1995–2024) CT 3 (2011–2017) FL 2 (1991–2011) OH 2 (1999–2013) MD 2 (1988–1991) ME 2 (2000–2018) CA 2 (2001–2022) NJ 2 (1987–2003) GA 2 (2013–2013) IA 2 (2001–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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