Gravley v. State

I concur separately because I do not take the same route charted by my other brethren who, as I do, find no Fourth Amendment violation.1

First, as to the “curtilage” and “expectation” questions, which I do not consider to be controlling, I, too, am not led by law or logic to conclude that the place from which the marijuana was seized was outside the curtilage of the house. I am not persuaded that the residents could not claim a justifiable expectation of privacy in the garden, or that their subjective expectation of privacy in that part of their premises is one which society is not prepared to…