Warrant Needed for a Barn Outside the Curtilage?
Yesterday, the Michigan Court of Appeals issued its opinion in People v Brigitte Louise Rousse, Docket No. 358358 (May 5, 2022) , an opinion that held police, with an otherwise valid search warrant, lacked the authority to search the interior of a pole barn located outside the curtilage of the home. An animal control officer discovered a cow loose on the road near the Defendant's home. Upon returning the cow to its pen, he observed numerous dead animals on the property in various states of decomposition. He saw three dogs on the property that were emaciated. The Defendant had no explanation for how the animals died. From one of the pole barns that could be observed from the road and the house, he heard the yipping of dogs. The officer obtained a search warrant for the property. However, in the description of the place to be searched, the officer listed only the description of the house, making no mention of the pole barns on the property. A search of one of the pole barns rev