Code of Criminal Procedure · Florida v. Jardines

Florida v. Jardines

Florida v. Jardines is covered under Florida v. Jardines and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Curtilage = area immediately surrounding and associated with the home; Receives same 4A protection as home; Investigative entry without warrant or license = search.

Elements you must prove

  • Curtilage = area immediately surrounding and associated with the home
  • Receives same 4A protection as home
  • Investigative entry without warrant or license = search

Practice 1 question on this topic

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Worked examples

Worked example 1

An officer enters a private fenced backyard and looks through a window. This is most likely:

  1. Permissible — anyone could do it
  2. A Fourth Amendment search of the curtilage requiring a warrant or warrant exception (Florida v. Jardines) Correct
  3. Lawful — windows are public
  4. Permissible inventory
Why: The curtilage of a home receives the same Fourth Amendment protection as the home itself. Officers entering curtilage to investigate (e.g., bringing a drug-detection dog) without a warrant or implied license is a search.
Statute: Florida v. Jardines, 569 U.S. 1 (2013)