Please write a paragraph defining the concept of curtilage and discuss the four factors a court would consider in deciding whether property is curtilage and the impact the curtilage designation has on the government's ability to search that property.
What will be an ideal response?
Curtilage is the property surrounding an owner's property and is considered part of the home for purposes of search and seizure. The four factors are (1) the proximity of the property to the home, (2) the nature of the use of the property, (3) steps taken by the owner to keep the property free from observation, and (4) whether the property is within an enclosure that surrounds the home. If the property is curtilage, it is subject to the Fourth Amendment protections against unreasonable search and seizure and, unless an exception applies, the government must obtain a warrant to search curtilage.
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How is the means test applicable under Chapter 13?
What will be an ideal response?