curtilage

Curtilage is the area immediately surrounding and associated with a dwelling. Curtilage is treated as part of the home for many Fourth Amendment purposes, including searches and many self-defense laws. When considering whether something is in a dwelling's curtilage, courts consider four factors:

  1. The proximity of the item to the dwelling,
  2. Whether the item is within an enclosure surrounding the home,
  3. What the item is used for, and
  4. What steps, if any, the resident took to protect the item from observation/access by people passing by.

These factors were determined by the U.S. Supreme Court in United States v. Dunn, 480 U.S. 294 (1987).

In the context of criminal procedure, courts generally refer to any part of the property surrounding a dwelling that is not part of the curtilage an “open field.” The open-field/curtilage distinction is important because while a warrant is required to search the curtilage, officers are allowed to make a warrantless search of an open field. 

[Last reviewed in May of 2026 by the Wex Definitions Team]

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