United States Ninth Circuit

Defendant has not demonstrated that the officers violated his Fourth Amendment rights by viewing the interior of his travel trailer through a window. Because the curtilage doctrine applies to the area immediately surrounding a home, not to an empty structure used occasionally as sleeping quarters, the natural clearing surrounding the trailer was not protected from trespass by the Fourth Amendment; thus, probable cause existed for the issuance of the search warrant.

Appellate Information

• Argued 11/03/2003
• Decided 03/10/2004
• Published 03/10/2004

Judges

• ALARCÓN, Circuit Judge., Before:  ALARCÓN, FERGUSON, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James G. Rice, Portland, OR, for the defendant-appellant., Fred N. Weinhouse and Michael J. Brown, Assistant United States Attorneys, Portland, OR, for the plaintiff-appellee.