Date 2/3/12

Source

Terms used

Westlaw 810.02 Next

Pocket Authoritie part s Found checked N/A

810.02, Fla. Stat. Ann.

Binding Comments or Persuasive Binding

a dwelling, as required for conviction of burglary of dwelling; property owner described fencing on three sides of home, the opening for driveway, and low-walled stoop in front of house, photographs showing fencing were admitted into evidence, property owner testified that house had roof over it and had floors and walls and that house was equipped with plumbing and electric utilities which were not turned on because home was unoccupied

Updated No

2/3/12

Westlaw Curtilage Next Burglary dwelling

N/A

State v. Hamilton, 660 So. 2d 1038, 1041 (Fla. 1995) 810.02, Fla. Stat. Ann.

Binding

Florida's present burglary statute expands the definition of burglary to include not only buildings, but also the grounds around the buildings. The legislature has redefined the crime of burglary as it was treated at common law, but has utilized the common law term curtilage to expand the reach of the burglary statute beyond buildings and vehicles.

No

2/4/12

Westlaw Followed N/A Next this case from Hamiltion

United States v. Dunn, 480 U.S. 294, 301 (1987)

Binding? US Supreme Court Decision

four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by

No

2/4/12

Westlaw Carport Curtilage

N/A

Tindall v. State, 997 So. 2d 1260, 1261 (Fla. 5th DCA 2009)

Binding

The house is a structure because it is a building and it has a roof. 810.011(1), Fla. Stat. (2007) (defining structure as a building of any kind, either temporary or permanent, which has a roof over it, together with the curtilage thereof).

No

2/5/12

Westlaw Structure Next curtilage

N/A

Bean v. State, 728 So. 2d 781, 782 (Fla. 4th DCA 1999)

Binding? US Supreme Court Decision

Appellant argues that the garage did not No constitute a structure, because it did not have a door. He misplaces his reliance on Small v. State, 710 So.2d 591 (Fla. 4th DCA 1998), where we held that a carport was not a structure as the term is used in the burglary statute. Small did not create a bright line test to determine whether the element of a structure has been met under the burglary statute. Rather, the court must make that determination on a case-by-case basis.

2/5/12

Westlaw Carport Curtilage

N/A

Jacobs v. State, 41 So. 3d 1004, 1006 (Fla. 1st DCA 2010) review denied, SC111847, 2012 WL 29056 (Fla. 2012)

Binding

The enclosure need not be continuous and an ungated opening for ingress and egress does not preclude a determination that the yard is included in the curtilage of the house.

No

2/5/12

Westlaw Followed from Jacobs v State

N/A

Chambers v. State, 700 So. 2d 441, 441-42 (Fla. 4th DCA 1997)

Binding

In our burglary statute dwelling is defined by section 810.011(2), Florida Statutes (1995) as: a building or conveyance of any kind, either temporary or permanent, mobile or immobile, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the curtilage thereof. The court instructed the jury in accordance with the Florida Standard Jury Instruction (Crim.) [p.136] as follows: Structure means any building of any kind, either temporary, or permanent, that *442 has a roof over it, and the enclosed space of ground and outbuildings immediately surrounding that structure.1

No

2/3/12

Westlaw

Carport Curtilage

N/A

90.410, Fla. Stat. Ann.

Binding

Prior to the acceptance of a plea of guilty or nolo contendere by the court, Fla.R.Crim.Pro. 3.170(j) requires the court to determine in open court that the circumstances surrounding the plea reflect a full understanding of the plea and its voluntariness, and that there is a factual basis for the plea of guilty. If statements are made during this inquiry, they are not subsequently admissible against him if he withdraws a guilty plea, pleads nolo contendere or offers to plead nolo contendere or guilty. Means no contest.

No update