Curtilage on private property without a dwelling?
Question Details: I have a private property without a dwelling. It is enclosed but a natural boundary and the driveway is gated and signed. Inside there is a 40 x 40 workshop (garage) and an open area in front and to the side (yard). I have found cases where a business would have protection but not for a this particular scenario. I have a code enforecment officer contiually coming in unanounced and when I am not there. I have been threatened with jail time for an ordinance violation for too many vehicles so this makes his search a criminal investigation. He continues to enter looking for a new violation.
Criminal Defense Law Answers
Although I do not practice law in the State of New York, here are my initial impressions. The general rule is that the fourth amendment to the United States constitution prohibits officers from entering your property without a warrant. That being said, the warrant requirement is subject to exceptions, and their application is highly fact specific, while the law regarding these exceptions is extremely complicated. I suggest that you consult with a criminal defense/civil rights attorney to protect your rights in the interest of preventing an arrest, and to evaluate whether the officer's actions give rise to a potential civil suit. Good luck.
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