State v. Talkington
301 Kan. 453
| Kan. | 2015Background
- Talkington, a social guest of Garrison, was present at a single-family Emporia, Kansas residence when officers found methamphetamine in the backyard near the back door.
- Doudican entered the backyard without a sidewalk to the rear and recovered a baggie of methamphetamine about 3–5 feet from the back door, 20 yards from the property line.
- Talkington was arrested; during inventory, marijuana was found on Talkington's person, leading to multiple charges.
- District court suppressed the methamphetamine as within curtilage and held Talkington had standing to challenge the curtilage search as a social guest; marijuana suppression followed as fruit of the poisonous tree.
- Court of Appeals reversed, finding the backyard not curtilage and that Talkington’s standing issue was moot; State appealed to Kansas Supreme Court.
- Supreme Court held the district court’s findings were supported by substantial competent evidence and that Talkington, as a social guest, has standing to challenge a search of the host’s curtilage; marijuana suppression was appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the backyard curtilage of the residence? | Talkington: backyard is curtilage, protected by Fourth Amendment. | Garrison/State: backyard not curtilage; minimal privacy expectation. | Backyard found to be curtilage |
| Does a social guest have standing to challenge a search of the host's curtilage? | Talkington has Fourth Amendment standing as social guest with host's privacy rights. | State: social guest lacks standing; may only challenge host’s rights under certain analyses. | Talkington has standing as social guest |
| Should marijuana found on Talkington after unlawful curtilage search be suppressed as fruit of the poisonous tree? | Evidence tainted by unlawful curtilage search; suppression warranted. | Attenuation between unlawful entry and arrest/evidence; suppression not warranted. | Suppression upheld; attenuating factors insufficient |
Key Cases Cited
- Florida v. Jardines, 133 S. Ct. 1409 (2013) (curtilage and property-rights baseline; front porch as curtilage example)
- Dunn, 480 U.S. 294 (1987) (Dunn factors for curtilage enclosure and observation considerations)
- Katz v. United States, 389 U.S. 347 (1967) (established reasonable-expectation of privacy test)
- Minnesota v. Olson, 495 U.S. 91 (1990) (overnight guest standing; expectation of privacy in home)
- Payton v. New York, 445 U.S. 573 (1980) (importance of home as core Fourth Amendment protection)