Topic: consistent with the common law understanding of the extent … · Go Syfert
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Topic #1293

7 canonical passages across 7 cases, quoted by 23 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Jefferson v. Commonwealth.

#Case FlagCanonical passage Citers
1 Jefferson v. Commonwealth Anchor
vactapp · 1998
green “consistent with the common law understanding of the extent of the 'home,' the supreme court has held that the fourth amendment protections that apply to the house also apply to the 'curtilage' of the house.” 4
2 State v. Somfleth
orctapp · 2000
green “a homeowner can abrogate the presumption of implied consent to approach the front door by undertaking sufficient steps to exclude casual visitors from the front yard.” 4
3 State v. McIntyre/Pereira
orctapp · 1993
green “ourts must consider all surrounding circumstances, including the existence of a fence, to determine the residents' intent.” 3
4 State v. Lee
utah · 1981
green “he use of a flashlight to assist the natural vision at night does not make an 'observation' a 'search.” 3
5 State v. Maxfield
wash · 1994
green “if a law enforcement officer or agent does not go beyond the area of the residence that is impliedly open to the public, such as the driveway, the walkway, or an access route leading to the residence, no privacy interest is invaded.” 3
6 Divello v. State
indctapp · 2003
green “n individual does not have a reasonable expectation of privacy with regard to things or activities within a residence that may be observed by persons using their natural senses from places impliedly open to a visitor's entry.” 3
7 State v. Clark
idahoctapp · 1993
green “policeman's mere observation from a vantage point that does not infringe upon a privacy interest, of something open to public view, normally implicates no fourth amendment constraints because observation of items readily visible to the public is not a 'search.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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