United States v. Alexander, No. 16-3708 (2d Cir. 2018)Annotate this Case
The Second Circuit vacated defendant's conviction for being a felon in possession of a firearm. In this case, the district court denied defendant's motion to suppress two firearms recovered from his property in a warrantless search without probable cause, holding that there was no Fourth Amendment violation because the firearms were found outside the curtilage of defendant's home. The court reversed the denial of the suppression motion. The court weighed the Dunn factors as well as the factors applied to the property in Florida v. Jardines, 569 U.S. 1, 7 (2013), and held that the portion of the driveway in front of defendant's shed formed part of the curtilage, and the search of the area ran afoul of the Fourth Amendment. Accordingly, the court remanded for further proceedings.