Expert: Loren Stevens - 1/31/2005

Question
This is a procedural question for a work of fiction. If evidence is found in someone's back yard, although it is not the primary crime scene, would police investigators move on to investigate inside the house, perform crime scene tests etc.? Or would they need a warrant to go inside? Thanks in advance.  

Answer
Hello Will,
The "back yard" part, would fall into the "plain view doctrine" and seized as evidence.
Depending on the kind of evidence, is how it is treated, ie., diagramed, photographed etc.
Also, it dependes on the type/kind of evidence found, coupled with proximity, on determining justification to expand the search to the house/garage.
Sometimes, the yard is factored into a search, which is called the "curtilage."
In terms of a search warrant. It is required that the search be reasonable, relevent, and probable cause exists on what is being searched, with specificity. This is to guard against EXPLORITORY  searches. Ergo, evidence found in the back yard may lend to this process, but will rarely be the sole reason a judge will approve of an application for a search warrant.
You might entertain other possibilities.
Not withstanding matters of the Border Patrol, INS and Customs(they have "rules" somewhat different than other LE agencies.)
There are 4 legal ways to SEARCH:
1-search warrant
2-exigent circumstances
3-incident to a lawful arrest (booking/towing inventories)
4-consent of the person to be searched, or their legal area/effects.
I would encourage you to gander at the 4th and 14th ammendments of the US Constitution, as it will illustrate parameters of import.
Search warrants get a bit tricky. For one thing, you have to stop the search at the time you find what you are searching for.
Also, other issues. If you are searching for stolen tractor tires, you can't search dresser drawers, medicine cabnets etc, as what you seek couldn't be found there.
Sometimes you can get around this by factoring into your application, to "search for means of identification", which about gets you into everything. But, that is usually when there is an issue on who is the responsible party to the area/structure etc.
Judges HATE "games" with search warrants, and take a dim view of any "toro feces"
hope this is helpful.
regards,
loren