United States v. Dana Jackson
728 F.3d 367
4th Cir.2013Background
- Richmond police conducted a 4:00 a.m. trash pull from a can behind 2024 Anniston Street to corroborate tips that Dana Jackson sold drugs from the unit Cox rented.
- Trash bags contained items consistent with drug trafficking; police obtained a warrant and searched the apartment, leading to Jackson’s drug trafficking conviction.
- Jackson argued the trash pull violated his Fourth Amendment rights by intruding on curtilage and invading privacy in the trash can’s contents.
- District court found the trash can sat on common property outside the curtilage, and that Jackson had no reasonable expectation of privacy in the trash.
- Jackson pleaded guilty, reserving the right to appeal the suppression ruling; he was sentenced to 137 months.
- On appeal, the Fourth Circuit conducted a de novo review of pure legal questions and fact-finding relevant to curtilage and privacy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court clearly erred on trash-can location | Jackson argues the can was on or near the patio, within curtilage. | Government contends the can was on common property outside curtilage. | No clear error; location supported outside curtilage per Dunn factors. |
| Whether the trash pull violated Jardines by intruding on curtilage | Jardines prohibits unauthorised intrusion onto curtilage to gather evidence. | Trash can location outside curtilage makes Jardines inapplicable. | Jardines does not apply because the trash can was outside curtilage; no unlawful entry into protected space. |
| Whether Jackson had a reasonable privacy interest in the trash can’s contents | Trash stored behind the home in a private area implied privacy; Greenwood’s rule should apply. | Because the trash was in a common or public area and exposed, privacy interest is defeated under Greenwood. | Greenwood controls; Jackson lacked reasonable privacy in contents; trash pull was lawful. |
Key Cases Cited
- Florida v. Jardines, 133 S. Ct. 1409 (2013) (physical intrusion on curtilage constitutes a search absent license)
- California v. Greenwood, 486 U.S. 35 (1988) (no reasonable privacy in garbage left for collection in public area)
- United States v. Dunn, 480 U.S. 294 (1987) (four-factor curtilage test)
- Jones, United States v. Jones, 565 U.S. 400 (2012) (physical intrusion and property-based Fourth Amendment framework)