
Sign up to save your podcasts
Or
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Good morning, guys. It's Anthony Bandiero, here with blue to gold law enforcement training, have another roadside chat. I'm in Memphis, Tennessee today, and I got a question from an officer actually, in Ohio, about whether or not an assigned parking spot at an apartment complex is curtilage?
And the answer is no, it's not because it doesn't qualify under the done factors. That's how I would. That's how I would decide this case. And so the reason behind this real quickly is that in order to be curtilage are four factors. One is how close is it to the home itself? Well, a parking spot at an apartment, typically they're not. They're detached from the actual boundary lines of the apartment. So that leads against it. Number two, is, are there any? Are there any fences or barriers around the area? We're talking about the actual curtilage itself, not just the whole property, you know, so for example, if the apartment has a fence all around it, and it's considered a gated apartment, that is certainly going to weigh in favor of curtilage, but not enough to tip the scales. The third factor is use. What is the area being used for now? It's the exclusive parking spot of the tenant. But it's not, you know, that's a factor that helps. But it's not the kind of use parking in of itself, except the type of use that we're really going after here with curtilage. We're looking for family or personal activities. So that weighs against it, ultimately. And then finally, is there any site screening, and that's going to be a really big one here because any John Q citizen who happens to be in the parking lot can see the vehicle. And there is there, though, that's going to reduce the expectation of privacy. So for those four reasons, I do not believe it's going to be curmudgeon. Also, there are no cases that I've found that was some that was fine that under those general circumstances, that is curtilage. So there's your answer. Keep the questions coming.
Until next time, stay safe.
5
1515 ratings
The following is a computer-generated transcription, some grammar and spelling errors may be inherent
Good morning, guys. It's Anthony Bandiero, here with blue to gold law enforcement training, have another roadside chat. I'm in Memphis, Tennessee today, and I got a question from an officer actually, in Ohio, about whether or not an assigned parking spot at an apartment complex is curtilage?
And the answer is no, it's not because it doesn't qualify under the done factors. That's how I would. That's how I would decide this case. And so the reason behind this real quickly is that in order to be curtilage are four factors. One is how close is it to the home itself? Well, a parking spot at an apartment, typically they're not. They're detached from the actual boundary lines of the apartment. So that leads against it. Number two, is, are there any? Are there any fences or barriers around the area? We're talking about the actual curtilage itself, not just the whole property, you know, so for example, if the apartment has a fence all around it, and it's considered a gated apartment, that is certainly going to weigh in favor of curtilage, but not enough to tip the scales. The third factor is use. What is the area being used for now? It's the exclusive parking spot of the tenant. But it's not, you know, that's a factor that helps. But it's not the kind of use parking in of itself, except the type of use that we're really going after here with curtilage. We're looking for family or personal activities. So that weighs against it, ultimately. And then finally, is there any site screening, and that's going to be a really big one here because any John Q citizen who happens to be in the parking lot can see the vehicle. And there is there, though, that's going to reduce the expectation of privacy. So for those four reasons, I do not believe it's going to be curmudgeon. Also, there are no cases that I've found that was some that was fine that under those general circumstances, that is curtilage. So there's your answer. Keep the questions coming.
Until next time, stay safe.
226,206 Listeners
25,596 Listeners
32,596 Listeners
7,891 Listeners
30,719 Listeners
367 Listeners
28,059 Listeners
1,207 Listeners
49,268 Listeners
42,511 Listeners
958 Listeners
167 Listeners
544 Listeners
15,386 Listeners
38 Listeners