United States v. Kurt Donald Cousins, and Bukola Tolase-Cousins

EBEL, Circuit Judge.

Kurt Cousins and Bukola Cousins pled guilty to various drug charges stemming from the discovery of over 500 marijuana plants growing in their backyard. Police officers, acting on a tip from a utility employee, entered into a “sideyard” of Defendants’ house and, looking through a hole in a fence, were able to observe marijuana plants growing in Defendants’ backyard. Below and on appeal, Defendants argue that the police conduct violated the Fourth Amendment because the sideyard was within the curtilage of their house. We conclude that the district court properly rejected…