United States v. Black

HARRY W. WELLFORD,

Circuit Judge, concurring.

HARRY W. WELLFORD, Circuit Judge.

This is a difficult case which has occupied a district judge and concerned this court over a considerable period of time. It involves a close question regarding the extent of curtilage in a rural area, probable cause for the issuance of a search warrant, and other issues concerning the legality of a search of rural outbuildings by Kentucky police.

I. CURTILAGE

Defendants challenge the observations and thermal imaging conducted by police officers in the course of their investigation of defendants because allegedly they…