Robinson v. Commonwealth

I concur in the majority’s finding that Officer Cox entered the curtilage of the Robinson residence and that he conducted the challenged search from that vantage point. I write separately, however, because I do not agree that the search can be found constitutionally proper on the theory that the Robinsons had impliedly invited Officer Cox’s entry, thereby extinguishing any reasonable expectation of privacy they had in the curtilage. Cox’s sole and undisputed purpose for entering the curtilage was to search for criminal activity. Consistent with the guarantees of the United States…