Legal Definitions - curtilage

Definition: Curtilage refers to the area immediately surrounding a dwelling, which is considered part of the home for many legal purposes. It includes the space where people live and do things like gardening, playing, or relaxing.

When determining whether something is within a dwelling's curtilage, courts consider four factors:

• The proximity of the thing to the dwelling.
• Whether the thing is within an enclosure surrounding the home.
• What the thing is used for.
• What steps, if any, the resident took to protect the thing from observation/access by people passing by.

For example, a backyard garden that is enclosed by a fence and located close to the house would likely be considered part of the curtilage. However, a shed located far away from the house and not enclosed by a fence may not be considered part of the curtilage.

In the context of criminal procedure, any part of the property surrounding a dwelling that is not part of the curtilage is called an "open field." Officers are allowed to make a warrantless search of an open field, but a warrant is required to search the curtilage.

For example, if a police officer sees someone hiding in a field far away from a house, they can search that field without a warrant. However, if the officer sees someone hiding in a garden that is part of the curtilage, they would need a warrant to search that area.