Powell v. State
120 So. 3d 577
| Fla. Dist. Ct. App. | 2013Background
- Powell and Wilbourn were residents of a mobile home in Lafayette County, Florida.
- An anonymous tip claimed marijuana plants were inside the home; deputies investigated without a warrant.
- Officers arrived around 10:17 p.m. at night, entered the property, and approached the mobile home.
- They knocked at the front door, then moved to the yard and stood near a window to look inside.
- Viewing the interior from a position two feet from the front window allowed deputies to observe marijuana plants in the kitchen.
- A warrant was obtained later, and a full search of the home yielded the observed contraband; convictions were based on this evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was peering into the window from the curtilage a Fourth Amendment search? | Powell/Wilbourn contend the window viewing violated privacy. | State argues knock-and-talk and public-view allowances negate a violation. | Yes; unconstitutional search; suppression granted. |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (established expectation of privacy test (Katz))
- United States v. Jones, 565 U.S. 400 (2012) (intrusion remains after Katz; trespass theory revived)
- Florida v. Jardines, 569 U.S. 1 (2013) (knock-and-announce license limits; curtilage protected)
- California v. Ciraolo, 476 U.S. 207 (1986) (curtilage protection; public view from aerial observation)
- Florida v. Riley, 488 U.S. 445 (1989) (naked-eye observations from public vantage not a search)
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest has privacy expectation in home)