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M.D. Fla.: DEA violated curtilage to get consent found involuntary

By John Wesley Hall, Jr.

M.D. Fla. suppresses a knock-and-talk where the police entered defendant's fenced off property to knock at the door and seek consent in violation of his expectation of privacy shown under Dunn. Under the circumstances of this case, the defendant's consent was not voluntary after the knock-and-talk. United States v. Hambelton, 2009 U.S. Dist. LEXIS 25139 (N.D. Fla. March 18, 2009): Taking all of the factors into consideration, the Court finds that the officers entered Defendant's curtilage when they walked up to his front door and stationed themselves at the sides of his house. Defendant did not extend an implicit invitation for visitors to enter the area. He expressed his intent to keep visitors out through warning signs and by locking the gate...continue to full post

Full post as published by Fourth Amendment on March 31, 2009 (boomark / email).