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curtilage

   Also found in: Dictionary/thesaurus, Financial, Encyclopedia, Wikipedia 0.01 sec.

The area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life.

A garage, barn, smokehouse, chicken house, and garden are curtilage if their locations are reasonably near to the home. The determination of what constitutes curtilage is important for purposes of the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures of a person and of his or her home or property. Courts have construed the word home to include curtilage so that a person is protected against unlawful searches and seizures of his or her curtilage.


curtilage noun court, courtyard, enclosure, fenced, garden, land, yard

CURTILAGE, estates. The open space situated within a common enclosure belonging to a dwelling-house. Vide 2 Roll, Ab. 1, l. 30; Com. dig. Grant, E 7, E 9; Russ. & Ry. 360; Id. 334, 357; Ry & Mood. 13; 2 Leach, 913; 2 Bos. & Pull. 508; 2 East, P. C. 494; Russ. & Ry. 170, 289, 322; 22 Eng. Com. Law R. 330; 1 Ch. Pr. 175; Shep. Touchs. 94.



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[ILLUSTRATION OMITTED] As a general rule, (4) observations of a person's comings and goings by law enforcement that are neither inside a dwelling nor within a curtilage do not constitute either a Fourth Amendment search or seizure.
SLAITHWAITE: Lloyds Banking Group plc, installation of three ground mounted, external air conditioning condensers (conservation area), 22 Carr Street; J Haigh, porch and change of use of land to extend domestic curtilage and building of detached stone outbuilding, 5 Shroggs Barn, Top O The Hill, Lingards Road.
The licensing committee retained the condition that "there shall be no drinking outside the curtilage of the building at any time".
 
 
 
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