Topic: a homeowner can abrogate the presumption of implied consent… · Go Syfert
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Topic #16901

7 canonical passages across 5 cases, quoted by 24 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 State v. Somfleth.

#Case FlagCanonical passage Citers
1 State v. Somfleth Anchor
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
2 State v. Clark
idahoctapp · 1993
green “a substantial and unreasonable departure from the normal access route will exceed the scope of the implied invitation and intrude upon a constitutionally protected privacy interest.” 4
3 State v. Clark
idahoctapp · 1993
green “a 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.” 4
4 People v. Thompson
calctapp · 1990
green “under normal circumstances, uninvited visitors coming to a residence to speak with an owner or resident are expected to come to the residence's most direct, obvious, and prominent entryway, which in most cases is the front door.” 3
5 People v. Gregory S.
calctapp · 1980
green “the direct access routes to the house, including parking areas, driveways and pathways to the entry, are areas to which the public is impliedly invited, and that police officers restricting their activity to such areas are permitted the same intrusion and the same level of obser…” 3
6 State v. Harris
tenncrimapp · 1995
green “a 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
7 State v. Clark
idahoctapp · 1993
green “there is an implied invitation for the public to use access routes to the house, such as parking areas, driveways, sidewalks, or pathways to the entry, and there can be no reasonable expectation of privacy as to observations which can be made from such areas.” 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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