· 4/25/2013
Whitley v. Robertson County
Citations
- 396 S.W.3d 890
- 2013 Ky. LEXIS 94
- 2013 WL 1776968
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a narcotics-dog sniff on a separate, external, front balcony that served as the only entrance to an apartment occurred on curtilage
- holding that a warrantless drug sniff at the front-door threshold of an apartment constitutes an unlawful invasion of the curtilage of the home in violation of the Fourth Amendment
- noting that “courts have determined that the ‘common areas’ of an apartment complex are outside the curtilage”
- noting that Fourth Amendment protections against warrantless searches extend to “other dwelling place, including apartment”
- concluding curtilage extended to front-door D-6 threshold in semi-private landing of apartment home
- applying Jardines and concluding bringing a drug-dog up to a front door for the purpose of conducting a canine-narcotics sniff was a search in violation of the Fourth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Abramson, Cunningham, Keller, Minton, Noble, Scott, Venters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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