· 4/18/2016
United States v. Sergeant JARED D. HERRMANN
Citations
- 75 M.J. 672
- 2016 CCA LEXIS 240
- 2016 WL 1586559
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “[o]nly the building owner or landlord could bring suit” against a trespasser in a multi-unit dwelling and collecting cases thereto
- remarking that “[n]either Jones nor the common law provides sharp boundaries for the meaning of trespass”
- explaining that “the [curtilage] question is not whether the area at issue was within the walls of the building, but whether it was enclosed and intimate to [the] apartment itself”
- assessing whether plaintiff's lease conferred \exclusive property interest in any part\ of shared common space
- applying the Dunn factors to hold that multi-unit dwelling’s shared basement laundry room and storage space was not in the curtilage of tenant’s apartment
- collecting cases and listing factors as proximity of area to home, whether area is in an enclosure surrounding home, use of area, and whether steps have been taken to protect area from observation
Source: CourtListener parenthetical corpus (CC0).
Judges: Headquarters, Carson, Grammel, Sanderson, Staff, Advocate, Haight, Penland, Wolfe
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.