· 3/29/2006
United States v. Lonnie Weston, United States of America v. Sherry Woodard
Citations
- 443 F.3d 661
- 2006 U.S. App. LEXIS 7652
- 2006 WL 783377
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that in assessing a party’s authority to consent, the critical question for this court to determine is not the actual relationship between the owner and the consenter, but whether it was reasonable for the officer to believe that the party had authority to consent
- holding that in assessing a party’s authority to consent, the critical question for this court to determine is not the actual relationship between the owner and the consenter, but whether it was reasonable for the officer to believe that the party had authority to consent
- finding no Fourth Amendment violation when officers entered through a gate at the end of the driveway that “was unlocked and may have been open”
- police did not violate Fourth Amendment when they entered defendant's curtilage for legitimate purpose of seeking voluntary conversation and consent to search
- “Where a legitimate law enforcement objective exists, a warrantless entry into the curtilage is not unreasonable under the Fourth Amendment, provided that the intrusion upon one’s privacy is limited.”
- limited intrusion onto curtilage is permissible for legitimate law enforcement objective
Source: CourtListener parenthetical corpus (CC0).
Judges: Benton, Heaney, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.