UNIVERSITY OF THE DISTRICT OF - UDC Law Review

shop building near residence a search, but was lawful because police there with a warrant to arrest defendant and had reason to
believe defendant inside shop building because light on there and no one answered at residence); Ex parte Maddox, 502 So.2d 786
(Ala.1986) (looking into greenhouse from within curtilage is a search; vantage point not on regular route of visitors to farm);
Norman v. State, 379 So.2d 643 (Fla.1980) (it a search for officer to climb fence to which gate locked and then look into barn;
privacy expectation justified because defendant “took overt steps to designate his farm and barn not open to the public”; the “barn,
an integral part of petitioner’s farming business, enjoyed the same Fourth Amendment protection as do other business premises”);
Huffer v. State, 344 So.2d 1332 (Fla.App.1977) (officers walked through side yard to back yard and shined light through small tear
in plastic cover of hothouse and saw marijuana plants inside; held, “[u]nder either the traditional curtilage approach or the more
contemporary reasonable expectation of privacy approach, the appellant’s hothouse was deserving of constitutional protection”);
Gonzalez v. State, 588 S.W.2d 355 (Tex.Crim.App.1979) (it a search when officer deviated from normal route of visitor on
property to peek into outdoor toilet near dwelling); State v. Daugherty, 94 Wash.2d 263, 616 P.2d 649 (1980) (it a search to look
into garage where defendant had backed up 2 trucks to open garage door to block view and officer went between the trucks,
beyond that part of the driveway which was a pathway to the house, to gain view).
177 State v. Christensen, 131 Idaho 143, 953 P.2d 583 (1998).
178 Amsterdam, Perspectives on the Fourth Amendment, 58 Minn.L.Rev. 349, 403 (1974).
179 United States v. Wright, 449 F.2d 1355 (D.C.Cir.1971).
180 Wright, J., dissenting in United States v. Wright, 449 F.2d 1355 (D.C.Cir.1971).
181 As to whether it should be otherwise when aids to the natural senses are employed, see § 2.2.
182 United States v. Minton, 488 F.2d 37 (4th Cir.1973); Fullbright v. United States, 392 F.2d 432 (10th Cir.1968); Bies v. State, 76
Wis.2d 457, 251 N.W.2d 461 (1977).
183 United States v. Hanahan, 442 F.2d 649 (7th Cir.1971); State v. Mack, 21 Or.App. 522, 535 P.2d 766 (1975).
184 This is not to say that all of the restrictions applicable to entry of such a structure should necessarily be imposed as to such a lesser
intrusion. See Amsterdam, supra note 178, at 388–95.
185 United States v. Dunn, 766 F.2d 880 (5th Cir.1985).
186 Oliver v. United States, 466 U.S. 170, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984).
187 But, the term might be applied to a lesser structure. See, e.g., Rainey v. Hartness, 339 Ark. 293, 5 S.W.3d 410 (1999) (entry of
wooded area no search because it within open field doctrine, and it likewise no search to look into deer stand there, as it “little
more than a metal box, with sides three to four feet high and a roof elevated on poles,” as persons within “were exposed to the
public’s view,” and there no evidence plaintiff “used the stand to engage in private activity, other than eating meals, or that he
attempted to shield his activities from the public”).
188 United States v. Dunn, 782 F.2d 1226 (5th Cir.1986).
189 United States v. Dunn, 480 U.S. 294, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987), discussed in Note, 18 Golden Gate U.L.Rev. 397
(1988).
190 This aspect of the case is discussed in § 2.4(a).
190.1 See also United States v. Gerard, 362 F.3d 484 (8th Cir.2004) (where garage outside curtilage of farmhouse, officer did not
conduct illegal warrantless search of 2-story garage when he climbed ladder to peer through vent into lighted and locked garage in
attempt to locate or ascertain safety of owner).
191 California v. Ciraolo, 476 U.S. 207, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986).
192 See § 2.3(g).
193 See, e.g., United States v. Wright, 449 F.2d 1355 (D.C.Cir.1971) (use of flashlight to look through small crack between garage
doors); People v. Superior Court, 33 Cal.App.3d 475, 109 Cal.Rptr. 106 (1973) (looking through cracks in garage door, aided
220