Is a police officer standing in the driveway outside of a detached garage within the curtilage of the driveway of a private residence a violation of the Fourth Amendment?

On the other hand, the court in United States v. Depew (9th Cir. 1993) 8 F.3d 1424, 1428, overruled on other grounds by United States v. Johnson, supra, 256 F.3d at p. 895, concluded that an officer standing in the driveway outside of a detached garage was within the curtilage of the defendant's residence.

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Although the area was located 50 to 60 feet from the house and separated from the house by a low picket fence, the court noted the defendant's efforts to prevent observation by outsiders, including posting "No Trespassing" signs, and selecting a remote residence with a long driveway and a row of thick trees blocking visibility from the highway. (Id. at pp. 1427-1428; see also People v. Winters (1983) 149 Cal.App.3d 705, 707 [police entry into backyard violated Fourth Amendment because "[a] person who surrounds his backyard with a fence and limits entry with a gate, locked or unlocked, has shown a reasonable expectation of privacy."].)