Christopher J. COVEY; Lela G. Covey, Plaintiffs-Appellants,
v.
ASSESSOR OF OHIO COUNTY; Kathie Hoffman, Head Assessor; Roy Crews, Field Deputy; Unknown Assessor; Ohio County Sheriff; Patrick Butler, Sheriff; Alex Espejo, Corporal; Ron White, Deputy; Nelson Croft, Lieutenant; Nichole Seifert, Officer; HNK, Unknown Officer; DLG, Unknown Officer; Department Of Justice-DEA; Ohio Valley Drug Task Force; Ohio County Animal Shelter; Doug McCrosky, Supervisor; Unknown Dog Wardens (2); United States of America; Robert L. Manchas, S.A, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued October 28, 2014.
Decided January 26, 2015.
Attorney(s) appearing for the Case
ARGUED: Sean Eric Andrussier , Duke University School of Law, Durham, North Carolina, for Appellants. Thomas E. Buck , Bailey & Wyant, PLLC, Wheeling, West Virginia; Edward Himmelfarb , United States Department of Justice, Washington, D.C.; Lee Murray Hall , Jenkins Fenstermaker, PLLC, Huntington, West Virginia, for Appellees. ON BRIEF: Shifali Baliga , Nicholas S. Brod , Erika M. Hyde , Students, Duke University School of Law, Durham, North Carolina, for Appellants. Stuart F. Delery , Assistant Attorney General, William J. Ihlenfeld, II , United States Attorney, Mark B. Stern , Civil Division, United States Department of Justice, Washington, D.C., for Appellees United States of America, United States Department of Justice, and Robert L. Manchas, S.A. Sarah A. Walling , Jenkins Fenstermaker, PLLC, Huntington, West Virginia, for Appellee Ohio Valley Drug Task Force. Bruce M. Clark , Bailey & Wyant, PLLC, Wheeling, West Virginia, for Appellees Assessor of Ohio County, Kathie Hoffman, Head Assessor, Roy Crews, Field Deputy, Unknown Assessor, Ohio County Sheriff, Patrick Butler, Sheriff, Alex Espejo, Corporal, Ron White, Deputy, Nelson Croft, Lieutenant, Nichole Seifert, Officer, HNK, Unknown Officer, DLG, Unknown Officer, Ohio County Animal Shelter, Doug McCrosky, Supervisor, and Unknown Dog Wardens (2).
Reversed and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge GREGORY and Judge THACKER joined.
FLOYD, Circuit Judge:
As the Supreme Court recently reaffirmed, the Fourth Amendment protects both homes and the "land immediately surrounding and associated" with homes, known as curtilage, from unreasonable government intrusions. Florida v. Jardines, ___ U.S. ___, 133 S.Ct. 1409, 1414, 185 L.Ed.2d 495 ...
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