Under Dunn, in order for property to be considered curtilage it must be appurtenant to a residential building.
Janis,(22) the Supreme Court of Illinois ruled that although the outdoor area surrounding a commercial establishment does not constitute a curtilage, the business' expectation of privacy in that area will be protected by the Fourth Amendment if the business takes affirmative steps to bar the public from that area.
Court of Appeals for the Eleventh Circuit ruled that the property surrounding a business is not curtilage and that property will be given Fourth Amendment protection only if the business takes affirmative steps to bar the public from those premises?
If the police peer into the curtilage of the home, it does not necessarily indicate that the police have conducted a search.
There is no expectation of privacy where an area of the curtilage is open to public view.
The Ciraolo decision makes it clear that the sighting of evidence on the curtilage need not be inadvertent.
United States, that the curtilage is "the area around the home to which the activity of home life extends.
Thus, police viewing, smelling or hearing illegal activity in a home or curtilage is not itself a search, as long as the police were in an area and/or were using equipment to which the public reasonably had access.
However, although certain searches, such as frisks, may require less than probable cause, the result of this section is that upon probable cause police may fully search any individual, vehicle or other container not found in a "structure" or curtilage without a warrant, unless a warrant is otherwise required by law.
at 301, the Court spoke of the curtilage as being placed under the home's |umbrella' of Fourth Amendment protection" and assumed, but did not explicitly hold, that a warrant was required to trespass on the curtilage.
The Dunn Court also tried to define what is, and what is not, curtilage.