Curtilage is created simply by enclosing any area within a sight obscuring fence.

Question

Quizplus · Accepted Answer

Curtilage is not solely defined by the presence of a sight obscuring fence. It refers to the area immediately surrounding and associated with a dwelling or building, typically enclosed by a boundary, that is used for intimate activities associated with the sanctity of a person's home and the privacies of life, such as a yard, driveway, or front porch. While a fence can contribute to defining the curtilage, its presence alone does not automatically create curtilage. The determination of whether an area falls within the curtilage is based on a fact-specific analysis that takes into account various factors, including the proximity of the area to the home, whether the area is included within an enclosure surrounding the home, the nature of the use of the area, and the steps taken by the resident to protect the area from observation by passersby.

Curtilage Is Created Simply by Enclosing Any Area Within a Sight