search warrants

What is Curtilage and Why Does It Matter?

By Peek & Toland on November 25, 2019

Curtilage refers to the area around your home, including yards, patios, and porches. Generally, the curtilage is an extension of your home, which makes it off limits to police officers wishing to search in these areas. Since you have a reasonable expectation of privacy in these areas, officers may not conduct a search in them without first getting a search warrant signed by a judge.

However, there are exceptions to this general rule. If officers are legally present in those areas, they are free to observe illegal activities and act accordingly. For instance, if police are responding to a 911 call, they are present on official police business and can take reasonable steps to locate the property owner or the person who called 911 for assistance.

Police also legally can look at what is in plain view in your backyard, such as if it is surrounded by a chain link fence or no fence at all. Likewise, if there is a pathway leading to an open gate to the back yard, then police may be able to follow the open pathway if no one answers the front door of the home.

Furthermore, the airspace above your home and curtilage is generally open to the public. As a result, police theoretically could use a drone to view your backyard without intruding on your rights to a reasonable expectation of privacy.

What is Curtilage and Why Does It Matter?

If you install a tall wood privacy fence surrounding your backyard, then you are creating a reasonable expectation of privacy that officers cannot breach without a search warrant. In other words, the police would not be free to enter through a closed gate to enter the backyard.

You also have the right to tell police to leave your home or curtilage if they do not have a warrant. Certainly, they can return to your home or yard with a valid search warrant, but there is no reason that you should allow them to skirt the rules and violate your constitutional rights.

If you or a family member is facing any criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 474-4445 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.

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Supreme Court Considers Warrant for Phone Location Data in Crimes

By Peek & Toland on June 1, 2018

In the modern area of communications, your smartphone knows your location at all times. The question of whether the police should be able to was recently discussed by the U.S. Supreme Court in a case that considered phone location data.

Law enforcement investigators can trace your every movement by getting your location records from your wireless provider.

The question of whether they need a warrant to do so was discussed in the U.S. Supreme Court case of Carpenter v. USA in late 2017.

The federal government wants to retain the current reading of the law. This allows investigators to request location records from the cell towers of wireless providers without a warrant. Opponents of this stance claim it’s violation of Fourth Amendment protections against officers making unreasonable searches.

Supreme court looks at warrantless phone location data

Supreme Court considers phone location data use

During a recent hearing in November, the justices appeared to favor the creation of a new standard for obtaining location information, reported CNET.

However, there was a lack of consensus about what that standard should look like. Associate Justice Stephen Breyer said:

“This is an open box. We know not where we go.”

The rapid growth of location data has changed the climate since the rules about government access to location data were first set up.

At present, investigators use a set of rules known as “third party doctrine.”

They consider your location information to be something you give over routinely to your wireless carrier. Police do not consider they need a warrant to look at it.

Although they require a court order, the bar is less high than that needed for a search warrant.

Opponents of the federal approach such as the American Civil Liberties Union say it’s too broad now because phone location data now provides a more precise picture of your movements.

The ACLU approach is backed by tech giants including Google, Apple, Facebook and Verizon.

The companies are concerned a standard derived from the Stored Communications Act of 1986 is out of date.

The Supreme Court hearing follows a case in 2011. Police officers arrested four men over a series of armed robberies.

One of them gave the FBI his cell phone number as well as the numbers of his alleged accomplices. The FBI then used the information to apply for three orders from magistrate judges to obtain “transactional records” for the suspects.

Timothy Carpenter was charged with offenses including aiding and abetting robbery that affected interstate commerce on the basis of locational evidence from cellphone towers.

Federal offenses carry stiff penalties in Texas and elsewhere. Find out more on our federal criminal defense lawyers’ website or call (512) 474-4445.


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