Which of the following is NOT a curtilage factor?

• A. Color of the steps leading to the home
• B. How close to the home?
• C. How is area used?
• D. Within single enclosure with home?

Answer: (A)

The question tests understanding of what counts as curtilage under the Fourth Amendment. The key framework comes from United States v. Dunn, which identifies four factors used to determine curtilage: how close the area is to the home (proximity), whether the area is within a single enclosure that is tied to the home (enclosure), the use to which the area is put (use), and the steps the resident takes to protect that area from observation (protection from observation). The color of the steps leading to the home does not influence any of these criteria, so it is not considered a curtilage factor. In contrast, proximity to the home, how the area is used, and being within an enclosure with the home all map directly to these Dunn factors, making them relevant to curtilage.