State v. Reaves

The state appeals from an order granting a motion to suppress physical evidence. The trial court, in reliance on Hartpence v. State, 509 So.2d 975 (Fla. 5th DCA 1987), ruled by necessary implication that an automobile parked in such a way that it was partially on a county road right-of-way and partially on an easement (which was within the curtilage) was not within the curtilage of the premises described by the search warrant. A photograph showing the location of the automobile was introduced into evidence. The wheels on the passenger side of the vehicle rested on the dirt portion of the…