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Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage
by Anthony W. Accurso
The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated to that search.
On August 29, 2019, Devan Calabrese was alleged to have …
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More from this issue:
- Acquitted Conduct Sentencing, by Douglas Ankney
- Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
- ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
- Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
- Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
- Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
- Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
- California Now Able to Decertify Bad Cops, by Edward Lyon
- Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
- Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
- Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
- SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
- Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
- Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
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- Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
- Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search, by Anthony Accurso
- Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
- Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage, by Anthony Accurso
- Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, by Matthew Clarke
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- News in Brief
More from Anthony Accurso:
- The Systematic Terror of Rankin County’s “Goon Squad”, May 1, 2026
- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
More from these topics:
- New Jersey Supreme Court: Parked Vehicle in Police Parking Lot Not Subject to Warrantless Search Under Automobile Exception Where None of the Exigencies Justifying Exception Under State Constitution Present, Nov. 15, 2025. Exigent Circumstances, Warrantless Searches, Automobile Exception, Exception to Warrant Requirement, State Constitutional Claims.
- Michigan Supreme Court Announces Smell of Marijuana Alone Is No Longer Sufficient to Establish Probable Cause to Search Vehicle, Oct. 15, 2025. Probable Cause, Automobile Exception, Plain View Doctrine, Marijuana Laws/Issues, Terry Stops.
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, March 15, 2024. Automobile Exception, Searches - Inventory, Automobile Searches/Seizures, Immediate Control, Searches - Automobile, Arrest - Search Incident to, Illegal Search.
- Fourth Circuit Extends Gant’s Automobile Search-Incident-to-Arrest Framework to Searches of Non-Vehicular Containers, Aug. 15, 2021. Automobile Exception.
- Collins v. Virginia, No. 16-1027 (U.S. Supreme Court) (584 U.S. ___; 138 S.Ct. 1663) (May 29, 2018) (Justice Sotomayor), May 28, 2018. Punch And Jurists, Automobile Exception.
- U.S. v. Patiutka, No. 14-4932 (4th Cir.) (804 F.3d 684) (October 23, 2015) (Judge Diana Gribbon Motz), Jan. 11, 2016. Punch And Jurists, Automobile Exception.
- U.S. v. Navas, No. 09-1144-cr (2nd Cir.) (597 F.3d 492) (March 8, 2010) (Judge Richard C. Wesley), July 26, 2010. Punch And Jurists, Automobile Exception.
- U.S. v. Trammell, No. CRIM.A. 3:94CR25T (M.D.Ala.) (385 F.Supp.2d 1215) (August 26, 2005) (Judge Myron H. Thompson), Oct. 1, 2005. Punch And Jurists, Reasonably Foreseeable Standard.





