Does the fact that the area outside the house is within the curtilage of the home bar the police from viewing the front door of the house, or does the area surrounding the house have to be cordoned off by the police?
"New York", United States of America
The following excerpt is from People v. Hernandez, 2005 NY Slip Op 52242(U) (NY 12/27/2005), 2005 NY Slip Op 52242(U) (N.Y. 2005):
The fact that an area outside the house is within the curtilage of the home does not, by itself, bar police observation. "The Fourth Amendment protection of the home has never been extended to require law enforcement officers to shield their eyes when passing by a home on public thoroughfares," or precluded an officer's observations from a public vantage point where he has a right to be. California v. Ciraolo, 476 U.S. 207, 213 (1986).
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