Court finds police can go up to your front door but they can't wait there

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by: Ryan • May 4, 2014 • no comments

Via Volokh Conspiracy, there's an interesting Indiana Court of Appeals decision that expands on the SCOTUS Jardines decision. From the opinion:

Setting aside the officers’ conduct while on the curtilage, the length of time the officers remained there would alone constitute a violation of the Fourth Amendment. The officers knocked but did not receive an answer, ostensibly because the occupants chose not to answer. At this time, the officers’ investigation reached a “conspicuously low point.” King, 131 S.Ct. at 1862. But rather than vacate J.K.’s curtilage and attempt to obtain a warrant, the officers simply remained on the curtilage for an additional forty-five minutes. This is not permitted under the Fourth Amendment. . . . When a Hoosier exercises his constitutional right to remain inside his home, law enforcement may not pitch a tent on the front porch and wait in hopes of obtaining evidence.