State v. Talkington

The opinion of the court was delivered by

Malone, J.:

This interlocutory appeal concerns three issues: whether a residential backyard constitutes part of the curtilage under the Fourth Amendment to the United States Constitution; whether a social guest has standing to challenge the search of the curtilage at a host’s residence; and whether drugs subsequently found on the defendant’s person after an illegal search of the cur-tilage should be suppressed as fruit of the poisonous tree.

Police searched the backyard of a residence that defendant Cyrus Talldngton was visiting and discovered…