Castle with police lights behind it.

The curious case of curtilage.

United States v. Banks (7th Cir. 2023) emphasizes the importance of securing a warrant when conducting a search, even if there is reasonable suspicion to believe that a crime is being committed. The case involved a police officer seeing a convicted felon with a gun in a Snapchat post and subsequently going to his house without a warrant. After a struggle, the officers found a loaded gun and ammunition on Banks. Banks argued that the officers’ intrusion on his porch without a warrant was unlawful, and although his initial motion was denied, it was later overturned on appeal. The court reiterated that a person’s home is entitled to a high degree of protection under the Fourth Amendment, and the front porch of a residence is generally considered part of the curtilage that requires a warrant, consent, or some other Fourth Amendment exception. The case serves as a reminder that Fourth Amendment protections apply not only to a person’s home but also to the curtilage surrounding it, including the front porch, and that a simple search warrant could have easily avoided the suppression of evidence.