Guns drawn and without a warrant, police scaled the backyard fence and kicked in a padlocked gate.

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Around midday on December 7, 2004, three uniformed police officers entered the fenced-in backyard of a private home in a residential neighborhood of Portland. Guns drawn, but without a warrant, one scaled the fence and another kicked open a padlocked gate leading into the backyard. The only information the officers had at that time was (1) a call from a neighbor reporting that the owners were at work and that a white male wearing a black jacket, age unknown, had thrown a red backpack over the fence and climbed into the backyard; and (2) their visual confirmation that a fed backpack was lying against a porch in the backyard and that the person they saw in the yard, who turned out to be the appellant, Rian Struckman, was a white male wearing a black jacket, which he allowed to fall to the ground after being confronted by the officers. The officers' first statements to Struckman were to order him to get down on the ground. Struckman's first statement to the officers was that he lived at the house. As it turned out, he did, but the officers only found that out after Struckman was arrested and after they had searched the backpack, finding an un-loaded handgun. By that point, the officers had also learned that Struckman was a former felon, however, and arrested him as a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He was ultimately found guilty in a jury trial of that crime and sentenced to 17 years in prison.
The Fourth Amendment protects "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. . . ." U.S. Const. amend. IV. "At [its] very core stands the right of a [person] to retreat into his own home and there be free from unreasonable governmental intrusion." Silverman v. United States, 365 U.S. 505, 511, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961). For that reason, "searches 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). The presumptive protection accorded people at home extends to outdoor areas traditionally known as "curtilage" — areas that, like the inside of a house, "harbor[] the intimate activity associated with the sanctity of a [person's] home and the privacies of life." United States v. Dunn, 480 U.S. 294, 300, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987) (quotations omitted).
The "exigency" exception allows them to e

Anton Vialtsin, Esq.
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