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Hey guys, it's Anthony Bandiero, here with blue to gold law enforcement training this week. I'm in Martin County, Florida. And the question I have for you is whether or not officers can go into the backyard when they're serving an arrest warrant and not violate curtilage? And the answer is, yes, officers can do it. And here's why. Now, first of all, the question comes up, because when I talk about curtilage, in my class, I remind the students that from the Supreme Court's perspective, the back yard is typically treated like the home itself. So if you're going to be there, you need a reason you need what I call crew, you need the person's consent, you need a recognized exception or a warrant. There's the crew. Now, here, the recognize exception is the arrest warrant. An arrest warrant gives the officers permission to invade somebody's privacy, in the same manner as if they had a search warrant. Really, an arrest warrant is two things. One, it provides judicial probable cause to arrest somebody, but it also gives the police officer authority to search for that person at their home under three conditions. One, that that do have a valid arrest warrant that this is their house or their domicile, it doesn't necessarily mean that the address you're serving, it has to be on the warrant. But you do have to if there's a any doubts about that, let's say for example, they moved, and you look at DMV records, and you talk to a neighbor, and you talk to their employer, and they're like, yeah, they put this address on their employment application, you're gonna want to explain to the court why you had probable cause that this is now their legal domicile where they live. And then finally, the third ingredient is there, you have reason to believe they are present at the time of execution. One thing I want to kind of guide you on though, is that because going into the backyard is in a sense, like going into the home itself, that third element should be there before you go into the backyard. So for example, you should have a reason to believe that they're presently home before you go into the backyard. The cars in the driveway, the neighbor says they saw them there you see them, and so forth. If you have those elements, you can go into the backyard to serve the arrest warrant for officer safety purposes and so forth in the same manner as if you had a search warrant, which does mean forced entry after following complying with knockin announce. I hope this helps keep the questions coming in. Until next time, stay safe.

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