Under the curtilage rule, which statement is correct?

Under the curtilage rule, which statement is correct?

• A. A warrant is required to search the curtilage; however, under the plain view exception, an officer may seize items readily apparent from a lawful vantage point.
• B. A warrant is not required to search the curtilage if the officer has probable cause.
• C. Consent from any occupant is always sufficient to search the curtilage without a warrant.
• D. The curtilage is not protected by the Fourth Amendment.

Answer: (B)

The key idea is that the area immediately around a home, the curtilage, is protected by the Fourth Amendment and normally requires a warrant to search. The plain view doctrine is an exception that allows seizure of items that are clearly visible from a location where the officer has a lawful right to be. So the correct way to phrase the rule is: a warrant is required to search the curtilage, but if the officer is lawfully present and sees something in plain view, they may seize it without a warrant. This distinction matters because the other statements misstate the protections: mere probable cause does not by itself authorize a warrantless curtilage search; consent for a curtilage search must come from an occupant with authority to give it and isn’t automatically valid for anyone; and the curtilage remains protected by the Fourth Amendment.

The key idea is that the area immediately around a home, the curtilage, is protected by the Fourth Amendment and normally requires a warrant to search. The plain view doctrine is an exception that allows seizure of items that are clearly visible from a location where the officer has a lawful right to be. So the correct way to phrase the rule is: a warrant is required to search the curtilage, but if the officer is lawfully present and sees something in plain view, they may seize it without a warrant.

This distinction matters because the other statements misstate the protections: mere probable cause does not by itself authorize a warrantless curtilage search; consent for a curtilage search must come from an occupant with authority to give it and isn’t automatically valid for anyone; and the curtilage remains protected by the Fourth Amendment.