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· 4/2/2004

United States v. Michael K. Gerard

Citations

  • 362 F.3d 484
  • 2004 U.S. App. LEXIS 6313
  • 2004 WL 691171

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that other circuits have held odor of marijuana, standing alone, is sufficient to support probable cause
  • noting that other circuits have held odor of marijuana, standing alone, is sufficient to support probable cause
  • finding no error in district court’s determination that garage was not within farm’s curtilage and thus no illegal search when officer climbed a ladder to peer into that garage
  • “The distance alone, however, is not determinative that [a building] should be treated as an adjunct of the house.”
  • presence of a fence between the primary residence and -7- another area typically means that area is outside the curtilage

Source: CourtListener parenthetical corpus (CC0).

Judges: Juge, Riley, Heaney, Smith

Read full opinion on CourtListener

Sourced 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.