California, United States of America
The following excerpt is from People v. Thompson, 221 Cal.App.3d 923, 270 Cal.Rptr. 863 (Cal. App. 1990):
"The presence of an officer within the curtilage of a residence does not automatically amount to an unconstitutional invasion of privacy. Rather, it must be determined under the facts of each case just how private the particular observation point actually was. It is clear that police with legitimate business may enter areas of the curtilage which are impliedly open, such as access routes to the house. In so doing they are free to keep their eyes open. [Citation.] An officer is permitted the same license to intrude as a reasonably respectful citizen. [Citation.] However, a substantial and unreasonable departure from such an area, or a particularly intrusive method of viewing, will exceed the scope of the implied invitation and intrude upon a constitutionally protected expectation of privacy. [p] What is reasonable cannot be determined by a fixed formula. It must be based on the facts and circumstances of each case. [Citation.]" (State v. Seagull, 95 Wash.2d 898, 632 P.2d 44, 47, fn. omitted.)
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