mar 3, 1987 - UNITED STATES V. DUNN, 1987

Description:

Police searched Dunn's barn using aerial photography and by physically approaching the barn. The barn was about 60 yards away from Dunn's home, and a fence separated the two properties. They found what looked to be a drug lab. Dunn was convicted of federal drug charges, the Fifth Circuit reversed stating that the barn was within curtilage of the house.

The Supreme Court needed to decide if a warrant was needed to look into the windows of a barn that is in a field on private property.

The Court held in this case that a warrant was not needed, and curtilage did not apply here. The barn was separated from the house by a fence, and for curtilage to be in effect, there are four stipulations to be followed:
-whether the area is within distance of the home
-whether the area is within an enclosure surrounding the home
-whether the area is used for normal home activities
-whether an effort is made to protect the area from observation

His barn really only fit the distance guideline, and the open field doctrine was applied in this case.

(Lippman, Criminal Procedure, pg. 61)
(https://www.oyez.org/cases/1986/85-998)

Added to timeline:

Date: