State v. Julian

hPLOTKIN, J.,

dissenting with reasons.

The critical issue before this Court is whether the evidence against Gregory Julian should have been suppressed because it was seized without a search warrant.

In United States v. Dunn, 480 U.S. 294, 107 S.Ct. 1134, 94 L.Ed.2d 326, the United States Supreme Court held that:

[T]he Fourth Amendment protects the curtilage of a house and ... the extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself. [Oliver v. United States, 466 U.S. 170, 180, 104…