When determining whether an area falls within curtilage, which factor is NOT considered?

Determining whether an area falls within the curtilage of a home is crucial in law enforcement as it affects the expectation of privacy and the legality of searches. In this context, the factors typically considered include proximity to the home, the occupant's use of the area, and any physical enclosure surrounding the home. Proximity relates to how close the area is to the dwelling, as areas that are closer may more likely be considered part of the home’s private domain. The occupant's use of the area also plays a significant role; if an area is regularly used for household activities, it is more likely to be seen as curtilage.

Enclosure, such as fences or walls, can also delineate private space and indicate areas that are meant to be treated as part of the home.

Shared ownership, however, does not directly pertain to the determination of curtilage. Curtilage is more about the relationship of the space to the dwelling and the expectations of privacy therein, rather than who possesses ownership rights to that space. This understanding underscores why shared ownership is not considered a factor in determining curtilage.