State v. Chute
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State v. Chute
Dissenting Opinion
In July 2011, Maplewood resident B.F. inadvertently spotted his stolen pop-up camper as he was driving by the home of defendant Quentin Todd Chute. Although the camper was parked on Chute's property, it was located some distance away from Chute's house and was plainly visible from the public roadway. B.F. called the police and an officer responded to Chute's residence. Together, B.F. and the officer walked down the dirt driveway adjacent to Chute's home and verified that this was the stolen camper belonging to B.F. before approaching the home.
The majority holds that the officer committed a warrantless search in violation of the Fourth Amendment because the officer entered the "curtilage" of Chute's home with the purpose of conducting a search. Because I do not agree that the officer trespassed onto Chute's protected curtilage before approaching the home to speak to him, I respectfully dissent.
Not all law enforcement investigations conducted on private property constitute a "search" in violation of the Fourth Amendment. Warrantless investigations conducted in "open fields"-areas of a defendant's property which are not included in the home or its curtilage-do not violate the *589Fourth Amendment. Oliver v. United States ,
To determine whether an area is curtilage, we apply the four factors articulated by the Supreme Court in United States v. Dunn : "[1] the proximity of the area claimed to be curtilage to the home, [2] whether the area is included within an enclosure surrounding the home, [3] the nature of the uses to which the area is put, and [4] the steps taken by the resident to protect the area from observation by people passing by."
Here, the district court did not make a curtilage determination before deciding that the officer had a lawful right to enter Chute's driveway and examine the camper. Instead, the district court relied on our decisions in State v. Krech ,
*590If we look beyond the limited findings of the district court, the facts that are in the record suggest that the area where the camper was parked, and the path leading up to it, were not included in the curtilage. Based on aerial photographs of Chute's property, it is fair to estimate that the camper was parked approximately 50 feet away from Chute's home, near the far south-eastern corner of the gravel driveway, which looks to be about 20 feet wide and 80-100 feet long. A fence abuts the eastern side of the property, and the back side of the property is lined with trees. Photographs and testimony from the suppression hearing demonstrate that two cars were parked near the camper, but there is no evidence that the driveway or the edge of Chute's property was used for any purpose other than a turn-around or extra parking.
Applying the Dunn factors, the facts in the record weigh against a conclusion that the area in question was a part of Chute's curtilage. It can be argued that two of the factors-proximity of the area to the home and enclosure of the area-weigh in favor of determining that the area is curtilage, but only narrowly. The majority points out that the driveway "runs directly next to" Chute's house, but that fact is not dispositive of whether the driveway was included in the curtilage. See United States v. Beene ,
For the enclosure factor, the majority notes that the area in question was "bordered on three sides by a tall, opaque fence on the east side, a small pond on the south side, and some trees on the west side." Even assuming that a fence on one side and an indeterminate number of trees on two other sides constitute an "enclosure" (which I am not certain that they do) any weight from this factor is completely counter-balanced by the fourth Dunn factor-the steps taken by the resident to obscure the area from passers-by.
Finally, I disagree with the majority's determination that the third Dunn factor-"the nature of the uses to which the area is put"-"weighs heavily in Chute's favor." The majority relies on the district court's findings that the "driveway and turnaround were 'regularly used by cars carrying persons seeking a backdoor entrance *591to the house and garage,' " and that the driveway was well-worn. These findings only speak to the fact that the area in question was part of a driveway; they do not speak to any "intimate" use to which the area was put.
The majority also cites United States v. Wells for the proposition that individuals "may expose portions of the curtilage of [their] home[s] to public view while still maintaining some expectation of privacy in those areas."
United States v. Beene provides a useful comparison. In that case, the Fifth Circuit determined that the defendant's driveway, though proximate to the home, was not included in the curtilage:
[O]nly the driveway's proximity to the residence weighs in favor of a finding that it was part of the curtilage of the home. The driveway was open and could be observed from [the] [s]treet. Although fences encircled part of the driveway, nothing blocked its access or obstructed its view from the street. Finally, neither [the defendant nor his wife] took steps to protect their privacy, such as posting "no trespassing" signs.
We have said that "the term 'curtilage' defies precise definition," Sorenson ,
Conspicuously, the majority does not address whether, following Florida v. Jardines ,
Krech , and to a greater degree, Crea , authorize a much broader range of conduct. In Crea , the officers entered the defendant's driveway with the purpose to investigate two purportedly stolen trailers parked therein.
The majority notes the presence of a "fire pit" situated between Chute's house and the area where the camper was parked. One photograph of Chute's property shows what might generously be called a "burn pile" and a portion of a large log is also visible. Absent findings from the district court, it is impossible to tell whether this area was used as a traditional "fire pit" or gathering place as the majority's comparison to Widgren v. Maple Grove Twp. ,
Dissenting Opinion
I join in the dissent of Justice McKeig.
Opinion of the Court
Respondent Quentin Todd Chute was convicted of possession of a stolen camper trailer. He challenges the district court's denial of his motion to suppress evidence obtained when an officer entered his property, examined the stolen camper, and then, after obtaining Chute's consent, searched his home. Chute contends that the officer's examination of the camper violated his Fourth Amendment rights and tainted his subsequent consent to the officer's search of his home. The district court concluded that the officer's entry onto Chute's property was lawful because the camper was on a driveway that was impliedly open to the public, and that the officer had authority to seize the camper under the plain-view doctrine. The court of appeals reversed, and the State sought review.
*581We conclude that because the officer's conduct objectively amounted to a search and was not a permissible "knock-and-talk,"
FACTS
In July 2011, Maplewood resident B.F. discovered that his pop-up tent camper had been stolen, and he reported the theft to the police. Several months later, B.F. was driving on County Road D in Maplewood when he saw what he thought was his camper sitting in Chute's backyard.
Chute's house is located between two other houses on County Road D, facing north. His lot is bordered on three sides by a tall, opaque fence on the east side, a small pond on the south side, and some trees on the west side. The north side of the property is unfenced and borders County Road D, which has no curb.
The district court found that the property has two driveways. The first, on the west side of the house, is a short asphalt driveway leading to a detached garage. The second is a dirt driveway accessed from the county road, running along the home's east side, and looping around in the backyard. The district court found that the dirt driveway is "well-worn" and forms "a turnaround or circle" in the backyard. The camper was parked at the end of the dirt driveway, near the southeast corner of the backyard. Two other cars were parked near the camper on the dirt driveway. A second garage is located in the back of the house on the west side of the lot.
After spotting the camper, B.F. made a U-turn and drove past again to verify that it was his stolen camper. B.F. later testified that he could recognize the camper from County Road D because he could see a series of bolts that he had installed along the rear overhang of the roof when making repairs on the camper. B.F. called the police.
When the responding officer arrived, he verified from the end of the dirt driveway, while still on County Road D, that the camper on Chute's property matched the description of the stolen trailer in the police report made at the time of the theft. The officer then drove onto the dirt driveway and parked his squad car approximately halfway down the driveway, which he estimated to be about 200 feet from County Road D. The officer and B.F. then walked to the camper. At some point before they reached the camper, B.F. told the officer about the unique set of bolts on the trailer.
When he reached the camper, the officer noticed that the camper's license plate and vehicle identification number (VIN) had been removed. He called the manufacturer and learned that a partial VIN was stamped on the camper's frame. The officer located the partial VIN, which was consistent with that of B.F.'s stolen camper. The officer then entered the camper and located an item of B.F.'s personal property.
The officer testified that, once he verified that the camper was the one stolen from B.F., he "tried to make contact with the homeowner." He started walking toward the back of the home to knock on the door, but when he heard voices from the garage in the backyard, he decided to knock there instead. Chute answered the door and, after a discussion, allowed the officer to search the garage. After finding several items of B.F.'s personal property *582from the camper in the garage, the officer asked Chute for permission to search his home, and Chute consented. The officer found additional items of personal property belonging to B.F. in Chute's home.
The State charged Chute with possession of stolen property valued at over $1,000. See
The district court concluded that, under the plain-view doctrine, the officer had authority to seize the camper "provided he had lawful right of access to it." Because the camper was located on a driveway that was "impliedly open to the public to access [Chute's] home," the district court concluded that the officer "had a lawful right of access to the camper." As a result, the court denied Chute's motion to suppress. After a trial, a jury found Chute guilty of possessing stolen property. See
The court of appeals reversed in relevant part. State v. Chute ,
The court further held that the unlawful search of the camper tainted Chute's subsequent consent to the search of his home, and therefore all evidence from that search should also be suppressed. Id. at 843-44. The court of appeals declined to address whether the remaining evidence was sufficient to support Chute's conviction and remanded to the district court. Id. at 846-47.
The State filed a petition for review, arguing that the court of appeals erred when it held that the officer's examination of the camper was an unlawful search. We granted review.
*583ANALYSIS
I.
When reviewing a pretrial order denying a motion to suppress, we review the district court's factual findings for clear error and its legal determinations de novo. Milton ,
The Fourth Amendment to the Constitution of the United States protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. Warrantless searches are presumed to be unreasonable unless one of "a few specifically established and well delineated exceptions" applies. Katz v. United States ,
Although the parties agree that the officer acted without a warrant, they disagree as to whether the officer's actions were a "search" within the meaning of the Fourth Amendment. Under the Fourth Amendment, a search occurs when government agents seek to obtain information by invading a person's reasonable expectation of privacy, Katz ,
The parties disagree about whether the officer performed a trespassory search of Chute's home when he entered the property to examine the camper. This question requires us to consider whether the camper was located on property that was afforded the constitutional protections of the home. If we conclude that the camper was located on such property, known as the "curtilage," we must then consider whether an exception to the warrant requirement would allow the officer to examine the camper without a warrant.
A.
The State contends that the camper was parked too far from Chute's home to be protected by the Fourth Amendment. The "land immediately surrounding and associated with the home," the curtilage, is "part of the home itself for Fourth Amendment purposes." Oliver v. United States ,
To determine whether the camper was located within the curtilage of the property, we look to "whether the area in question is so intimately tied to the home itself that it should be placed under the home's 'umbrella' of Fourth Amendment protection." United States v. Dunn ,
The Supreme Court has identified four relevant factors to determine whether a disputed area falls within the curtilage: "[1] the proximity of the area claimed to be curtilage to the home, [2] whether the area is included within an enclosure surrounding the home, [3] the nature of the uses to which the area is put, and [4] the steps taken by the resident to protect the area from observation by people passing by."
*585Dunn ,
The first Dunn factor-"the proximity of the area claimed to be curtilage to the home"-weighs in Chute's favor.
The second Dunn factor-"whether the area is included within an enclosure surrounding the home"-weighs slightly in Chute's favor.
The third Dunn factor-"the nature of the uses to which the area is put"-weighs heavily in Chute's favor.
The last factor-"the steps [Chute took] to protect the area from observation by people passing by"-is less conclusive.
Applying the Dunn factors to the unique facts of this case and then balancing them, we conclude that the area of Chute's backyard on which the camper was parked was "so intimately tied to the home itself that it should be placed under the home's 'umbrella' of Fourth Amendment protections." Dunn ,
B.
Having concluded that the camper was located on the curtilage of Chute's property and within the protections of the Fourth Amendment, we must next consider whether the officer's investigation "was accomplished through an unlicensed physical intrusion." Jardines ,
The Supreme Court has examined Fourth Amendment protections using two separate analytical frameworks: the *586reasonable-expectation-of-privacy analysis and, more recently, a property-rights analysis. The government might violate the Fourth Amendment by intruding into a space where the defendant has a "reasonable expectation of privacy," Katz ,
In Jardines , the Supreme Court recognized that a person is typically invited to "approach the home by the front path, knock promptly, wait briefly to be received and then (absent invitation to linger longer) leave."
In this case, the district court found that Chute had given members of the public an implied license to access his land to seek "a back door entrance to the house and garage" by using the driveway and turnaround area on which the camper was parked. The court supported this factual finding by noting that the driveway was a "well-worn dirt area" that exhibited a "definable pathway," and that two other vehicles were parked near the camper. Cf. N. States Power Co. v. Franklin ,
Because Chute had impliedly granted the public access to his backyard to seek "a back door entrance to the house and garage," we must next consider whether the officer acted within the scope of this implied license while on the property. The scope of the implied license "is limited not only to a particular area but also to a specific purpose." Jardines ,
Viewed objectively, the evidence demonstrates that the officer's purpose for entering the curtilage was to conduct a search. Photographs in the record show that the camper was parked at the end of Chute's driveway, past the house, in the back corner of Chute's backyard. To inspect the camper, the officer had to deviate substantially from the route that would take him to the back door of the house or to the garage. The officer walked directly to the camper, inspected it thoroughly, both inside and out, and only turned back toward the house when he was satisfied that the camper was stolen. Anyone observing the officer's actions objectively would conclude that his purpose was not to question the resident of the house, but to inspect the camper, "which is not what anyone would think he had license to do."
The federal circuits have split as to whether an implied license requires an officer to first approach the front door of a house when attempting a "knock-and-talk."
Like the Eighth Circuit, we have never held that a "knock-and-talk" license allows officers to proceed to the backyard of the property before attempting to contact the resident at the front door. But even assuming that the officer was permitted to bypass the front door of Chute's house, he was not permitted to stray from a visitor's normal route of access. As even the dissent in Jardines recognized, "[a] visitor cannot traipse through the garden, meander into the backyard, or take other circuitous detours *588that veer from the pathway that a visitor would customarily use."
The officer also violated the temporal limitations of the implicit license. In Jardines , the Court noted that an implied license authorizes visitors to enter the curtilage "briefly," unless they receive an "invitation to linger longer."
In sum, under Jardines , the officer's implied license to enter Chute's property was limited to what "any private citizen might do" when visiting another's property.
CONCLUSION
For the foregoing reasons, we affirm the decision of the court of appeals.
Affirmed.
"Knock-and-talk" is a procedure used by law enforcement officers that involves "knocking on the door and seeking to speak to an occupant for the purpose of gathering evidence." Florida v. Jardines ,
Although the parties discuss the plain-view exception, it is not relevant to our analysis because it is an exception to the warrant requirement for a seizure , not for a search , of property. The plain-view doctrine enables law enforcement to make a warrantless seizure if officers are "lawfully in a position from which they view [the] object, if [the object's] incriminating character is immediately apparent, and if the officers have a lawful right of access to the object." Minnesota v. Dickerson ,
Although the district court assumed without deciding that the camper was located on the curtilage, the court's factual findings and the exhibits in the record are more than sufficient for us to determine, as a matter of law, whether the camper was located within the curtilage. We note that neither party requested a remand and both briefed the curtilage issue based on the findings and the record.
This term "trespassory search" is a misnomer because a violation of the Fourth Amendment can occur without triggering a separate violation of a state's laws governing criminal trespass. See, e.g. ,
In some cases, circumstances may imply that a person has consent to approach and to investigate objects on the curtilage of a home. For example, a prominently placed "For Sale" sign could signal an invitation to inspect the merchandise. Cf. State v. Hiebert ,
Compare Covey v. Assessor of Ohio Cty. ,
Reference
- Full Case Name
- STATE of Minnesota v. Quentin Todd CHUTE
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