Can Officers Search Nearby Areas Not Listed on the Search Warrant?
Search warrants must specify the places to be searched and the items to be seized. However, questions often arise about whether law enforcement can search areas adjacent to or near the premises described in the warrant, especially when those areas are part of the same property. The concept of curtilage—the area immediately surrounding a home that is closely tied to the intimate activities of domestic life—plays a key role in determining whether such areas can be searched.
The case of U.S. v. Cannon, 264 F.3d 875 (9th Cir. 2001), offers a detailed analysis of when officers can search additional structures or areas close to the premises named in the warrant. Specifically, this case examined whether law enforcement could search storage rooms within a second structure on the property, even though the second structure was not explicitly mentioned in the warrant.
What Is Curtilage?
Curtilage refers to the area surrounding a home that is considered part of the private, intimate activities of the residence. It includes places like a backyard, garages, or other buildings on the property that are closely associated with the home’s everyday use. The U.S. Supreme Court has defined curtilage as the area around the home where people have a reasonable expectation of privacy, similar to the home itself. Whether an area qualifies as curtilage depends on several factors, including:
Proximity to the home: How close is the area to the residence?
Inclusion in an enclosure: Is the area within a fence or another enclosure surrounding the home?
Use for intimate activities: Is the area used for activities typically associated with the privacy of the home, such as relaxing or family gatherings?
Steps taken to protect privacy: Have steps been taken to prevent outsiders from observing the area, such as using fences, walls, or other barriers?
These factors help courts determine whether an area is part of the home’s private, protected space, even if it is not explicitly mentioned in the search warrant.
The Facts of U.S. v. Cannon
In U.S. v. Cannon, law enforcement officers obtained a valid search warrant to search the defendant’s home and surrounding property for evidence related to marijuana cultivation. The warrant covered the house and “vehicles, structures, storage areas, residences or containers” associated with the property. However, there was a second structure on the property, a converted garage that had been turned into a separate residential unit. This unit included two storage rooms accessible only by exterior doors.
When officers executed the search warrant, they searched the main house and the second residential unit but found no incriminating evidence. They then asked the defendant for the keys to the storage rooms within the second structure. Inside the storage rooms, officers found approximately 400 marijuana plants. The issue before the court was whether the search of these storage rooms, which were part of a separate structure, was valid under the warrant.
The Court’s Analysis: Curtilage and Scope of the Warrant
The court had to determine whether the storage rooms were within the curtilage of the main house and thus included in the warrant, or whether they were part of the second residential unit, which was not described in the warrant.
The court concluded that while the second structure itself, being a separate residential unit, was not within the scope of the warrant, the storage rooms were part of the curtilage of the main house. The storage rooms were connected to the activities of the main residence and were close enough to the house to be considered part of the home’s protected area.
Key points from the court’s reasoning include:
Proximity: The storage rooms were close to the main house, within an area where the residents had a reasonable expectation of privacy.
Separation from the second unit: The storage rooms were not part of the second residential unit itself but were accessed from outside. Therefore, they were treated as separate from the living space of the second unit.
Inclusion in the warrant’s general description: The warrant allowed for the search of structures and storage areas related to the property. Although the warrant did not specifically list the storage rooms, this general description was sufficient to include them within the scope of the search.
The court ultimately upheld the search of the storage rooms, finding that they were part of the curtilage of the main house and could be searched under the existing warrant. However, the court also ruled that the search of the second residential unit itself was not valid because it was not included in the warrant.
When Can Officers Search Other Areas Not Listed on the Warrant?
In determining whether officers can search additional areas close to the premises listed in the warrant, courts consider whether those areas are part of the curtilage of the home and whether the search remains within the scope of the warrant’s description. Here are key guidelines based on U.S. v. Cannon and other case law:
Curtilage and Close Connection to the Home:
Officers may search areas within the curtilage of the home, even if not specifically mentioned in the warrant, as long as they are closely tied to the property described in the warrant. This could include garages, sheds, or storage rooms that are near the house and used in connection with it.Clear Separation of Units or Structures:
If an area is a separate residential unit or distinctly independent structure, officers cannot search it unless the warrant explicitly authorizes the search. In Cannon, the second residential unit was a converted garage, and the court ruled that searching this unit exceeded the scope of the warrant because it was a separate living space not included in the warrant.General Descriptions in Warrants:
Warrants often include general language about structures or containers on the property. As in Cannon, this language can cover areas like storage rooms, provided they are reasonably associated with the home. However, this general description does not extend to completely independent units.Consent or Exigent Circumstances:
If officers wish to search areas not included in the warrant, they can do so if they obtain consent from the occupant or if there are exigent circumstances, such as the imminent destruction of evidence. Neither of these conditions was present in Cannon, so the officers could not lawfully search the second residential unit.Plain View Doctrine:
If officers see contraband or evidence in plain view while executing a search warrant, they can seize that evidence even if it is in an area not listed in the warrant. However, this was not applicable in Cannon because the marijuana plants were found inside locked storage rooms, not in plain view.
Conclusion: Searching Additional Areas Under a Search Warrant
Officers executing a search warrant may search areas within the curtilage of the described premises, even if those areas are not explicitly listed in the warrant, as long as they are closely related to the home and fall under the general description in the warrant. However, separate residential units or clearly independent structures typically cannot be searched unless the warrant specifically includes them, or there are additional legal justifications, such as consent or exigent circumstances.
In U.S. v. Cannon, the court clarified the limits of a warrant’s scope, ruling that while the search of the storage rooms was valid as part of the curtilage, the search of the second residential unit exceeded the warrant’s authority.
Frequently Asked Questions (FAQs)
What is curtilage in the context of a search warrant?
Curtilage refers to the area immediately surrounding a home that is closely associated with the private, intimate activities of domestic life. It includes areas like backyards, garages, and storage rooms that are part of the home’s everyday use.Can police search a separate residential unit if it is on the same property as the house listed in the warrant?
No, unless the warrant specifically includes the separate unit, officers generally cannot search it. A separate residential unit is treated as an independent space and not part of the curtilage of the main house.Can officers search areas not specifically listed in a search warrant?
Yes, officers can search areas within the curtilage of the home if those areas are related to the premises described in the warrant, even if not explicitly mentioned, as long as they are closely tied to the use of the home.What happens if officers search an area outside the scope of the search warrant?
If officers search an area outside the scope of the warrant, any evidence obtained during that search may be suppressed, meaning it cannot be used in court.Can police search a garage or shed on the property during a warrant execution?
Yes, as long as the garage or shed is considered part of the curtilage and is reasonably related to the premises described in the warrant, officers can search it during the execution of the warrant.