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Curtilage |
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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, 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. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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As a matter of federal constitutional law, most courts have limited the application of the curtilage principles to homes and do not recognize commercial curtilages. |
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