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· 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 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.