Which of the following is NOT a factor in determining curtilage?

Curtilage refers to the area immediately surrounding a home that is associated with the intimate activities of the home and its occupants. In determining what constitutes curtilage, several key factors are considered.

Proximity to the home is significant because areas that are closer to the residence typically enjoy more protection under the Fourth Amendment. The use of the area by occupants is also crucial, as areas that are actively utilized for activities related to the home are more likely to be deemed part of the curtilage. Steps taken to protect an area from observation show the occupants’ intent to maintain privacy, which further contributes to the determination of curtilage.

In contrast, the size of the home is not a definitive factor affecting the classification of curtilage. While larger properties may have more areas that could be considered curtilage, the inherent characteristics of those spaces relative to the home itself carry more weight. Thus, the specific dimensions of the home do not play a role in establishing what constitutes curtilage in legal considerations.