Agents Point Guns and Order Home Residents Outside: Understanding the 4th Amendment and Curtilage

Border Patrol agents watched a man climb over the Mexico-United States border fence and followed him as he took a taxi to Heriberto Perea-Rey's home. An agent watched the suspected undocumented alien walk through the gated entrance to the home and knock on the front door. The agent followed him through the front yard, around the side of the house and into the carport. He found the suspect there, standing with Perea-Rey in front of a side door entrance to the home, and detained both men until other agents arrived. Perea-Rey refused to allow the agents to enter his house. Forgetting for a moment that the Fourth Amendment ordinarily requires that the government obtain a warrant before it conducts a search or seizure, particularly of persons in their homes, the agents, pointing their guns at the home, ordered everyone outside. The individuals who emerged were later found to be undocumented aliens. Indicted for harboring the aliens in violation of 8 U.S.C. § 1324, Perea-Rey moved to suppress evidence of the aliens as the fruit of a warrantless search and seizure. Though the district court found that the agents entered the curtilage of Perea-Rey's home and that there were no exigent circumstances that might justify the failure to obtain a warrant, the court denied the motion. Perea-Rey entered a conditional guilty plea and filed this appeal. Because the agents physically occupied the curtilage of Perea-Rey's home without obtaining a warrant, and no exceptions to the warrant requirement otherwise justified the search or seizure, we reverse Perea-Rey's conviction and remand. ____ Where the government "physically occupie[s] private property for the purpose of obtaining information," that is a "`search' within the meaning of the Fourth Amendment." United States v. Jones, ___ U.S. ___, 132 S.Ct. 945, 949, 181 L.Ed.2d 911 (2012). "[S]earches and seizures inside a home without a warrant are presumptively unreasonable." Payton v. New York, 445 U.S. 573, 586, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). Because the curtilage is part of the home, searches and seizures in the curtilage without a warrant are also presumptively unreasonable. See Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984). Although a warrant is not required to observe readily visible items within the curtilage, and "officers [need not] shield their eyes when passing by a home on public thoroughfares," California v. Ciraolo, 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986), a warrant is required to enter the home. Full case here: US v. Perea-Rey, 680 F. 3d 1179 - Court of Appeals, 9th Circuit 2012, https://scholar.google.com/scholar_ca... Anton Vialtsin, Esq. LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law https://lawstache.com (619) 357-6677 Do you want to buy our Lawstache merchandise? Maybe a t-shirt? https://lawstache.com/merch/ Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101 Want to learn about our recent victories? https://lawstache.com/results-notable... If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra: *Federal Prison Guidebook (Revision 6)(2022), https://amzn.to/3N2L5nS *Federal Prison Guidebook (Revision 5)(2019), https://amzn.to/3AlYorU *Apple AirTag, https://amzn.to/3qnc58o Suavecito Pomade, https://amzn.to/3poEQBw *Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf *Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG *Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y *Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC *Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ *Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm *Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC *ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q Are you are a Russian speaker? Вы говорите по-русски? https://russiansandiegoattorney.com Based in San Diego, CA Licensed: California, Nevada, and Federal Courts The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!