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While open fields are not protected by the Fourth Amendment, the [[curtilage]], or outdoor area immediately surrounding the home, may be protected. Courts have treated this area as an extension of the house and as such subject to all the privacy protections afforded a person's home (unlike a person's open fields) under the Fourth Amendment.
An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life."<ref>''[[United States v. Dunn]]'', {{Ussc|480|294|1987|pin=300}}.</ref> Courts make this determination by examining "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."<ref>''Dunn'', 480 U.S. at 301.</ref> Theoretically, many structures might extend the curtilage protection to the areas immediately surrounding them. The courts have gone so far as to treat a tent as a home for Fourth Amendment purposes in the past.<ref>''[https://web.archive.org/web/20230608152900/https://casetext.com/case/us-v-gooch-7 United States v. Gooch]'', 6 F.3d 673 (9th Cir. 1993).</ref><ref>''[https://scholar.google.com/scholar_case?case=17867362683417409777&hl=en&as_sdt=6&as_vis=1&oi=scholarr LaDuke v. Nelson]'', 762 F.2d 1318 (9th Cir. 1985)'</ref><ref>''[https://web.archive.org/web/20230608152859/https://casetext.com/case/laduke-v-castillo LaDuke v. Castillo]'', 455 F.Supp. (E.D. Wash. 1978).</ref>
Despite this rather broad interpretation of curtilage, the courts seem willing to find areas to be outside of the curtilage if they are in any way separate from the home (by a fence, great distance, other structures, even certain plants).<ref>''[https://web.archive.org/web/20230608152858/https://casetext.com/case/us-v-hatch-13 U.S. v. Hatch]'', 931 F.2d 1478 (11th Cir.), cert. denied, 502 U.S. 883 (1991).</ref>
==Rejections of doctrine by state courts==
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