DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
102638P.pdf 08/08/2011 United States v. Michael Wells
U.S. Court of Appeals Case No: 10-2638
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Wollman, Author, with Melloy, Circuit Judge, and
Miller, District Judge]
Criminal case - Criminal law. The district court did not err in finding
defendant had a reasonable expectation of privacy in an unpaved driveway
area extending past the rear of his home as the area was part of his home's
curtilage; as a result, when the officers observed a lighted outbuilding
from the driveway, they were standing in an area in which defendant had a
reasonable expectation of privacy; officers' entry onto the curtilage was
not constitutionally reasonable; entry onto the area did not fall within the
"knock-and-talk" rule; as a result, the district court did not err in
suppressing the search.