UNITED STATES of America, Plaintiff-Appellant, v. Forrest GORMAN, Defendant-Appellee

The issue raised in this appeal is whether a search warrant authorizing the search of a residence also authorizes without so stating the search of the residence’s curtilage. We hold that it does.

BACKGROUND

Hawaiian law enforcement officers were told by an informant that Forrest Gorman was selling marijuana from inside an old and immobile bus located on Gorman’s property. Gorman was using the bus as a residence. In order to corroborate the informant’s story, the officers asked him to purchase marijuana from Gorman while the officers watched from a distance. The informant agreed, and based upon the information gathered from ensuing controlled purchases, the officers obtained a warrant authorizing a search of the bus for marijuana, other controlled substances, drug paraphernalia, and related records. The warrant stated in pertinent part:

YOU ARE COMMANDED TO SEARCH:

Approximately nineteen. law enforcement officers executed-the warrant. Agent Robin Dinlocker, who was assigned during the search to secure the perimeter of the property, noticed a large plastic translucent jar partly buried beside some lawn chairs outside the bus-residence. Dinlocker picked up and opened the jar. In…