Curtilage
From Wikipedia, the free encyclopedia
Curtilage is a legal term describing the enclosed area of land around a dwelling. It is distinct from the dwelling by virtue of lacking a roof, but distinct from the area outside the enclosure in that it is enclosed within a wall or barrier of some sort.
It is typically treated as being legally coupled with the dwelling it surrounds despite the fact that it might commonly be considered "outdoors".
This distinction is important under US law for cases dealing with burglary and with self defense under the Castle Doctrine. Under Florida law, burglary encompasses the English common-law definition and adds (among other things) curtilage to the protected area of the dwelling into which intrusion is prohibited. Similarly, a homeowner does not have to retreat within the curtilage under Florida's Castle Doctrine.
The curtilage (like the home) is also protected from unreasonable search and seizure under the Fourth Amendment of the U.S. Constitution.[1]
[edit] References
- ^ See Open fields doctrine for how courts distinguish curtilage and open fields.
