United States v. Kurt Donald Cousins, and Bukola Tolase-Cousins

Rule of Law:

An area adjacent to a home, such as a sideyard, is not considered part of the home's constitutionally protected curtilage if it is not fully enclosed, contains features implying public or semi-public access like a utility meter, is not used for intimate home activities, and the resident has not taken steps to protect it from observation.

Facts:

• Kurt and Bukola Cousins resided at a home where they were delinquent on their utility bill.
• Robert Bryant, a utility employee, visited the home multiple times to address the bill and disconnect power.
• The home had a sideyard, approximately eight feet wide, which contained the electric meter.
• This sideyard was bordered by the house, a neighbor's fence, and a gate to the backyard, but was open on the south side with a paved walkway leading directly from the driveway.
• The Cousinses had planted a small melon garden in the sideyard.
• On his third visit, Bryant discovered that someone had illegally reconnected power using jumper cables on the meter.
• While waiting for assistance, Bryant stood in the sideyard and, looking through an open gate, saw what he recognized as marijuana plants growing in the Cousinses' backyard.
• Bryant then flagged down a police officer and reported his observation.

Procedural Posture:

• A federal grand jury returned a three-count indictment against Kurt and Bukola Cousins.
• In the U.S. District Court, the Cousinses filed a joint motion to suppress all evidence, arguing the officers' entry into their sideyard was an unconstitutional search of the curtilage.
• The district court denied the motion to suppress.
• Following the ruling, Bukola Cousins and Kurt Cousins each entered into plea agreements, pleading guilty to separate counts while reserving the right to appeal the district court's suppression ruling.
• The Cousinses, as appellants, appealed the denial of their suppression motion to the U.S. Court of Appeals for the Tenth Circuit.