Quick Summary: Warrant to search a private garage allowed for the search of a camper within the garage because the camper was not “noticeably separate” from the garage.

Police obtained a warrant to search a non-residential garage. Upon entering the garage, they saw a camper in which people were present. Evidence against Mazulla was found in the camper and he sought to have the evidence excluded since it was his residence and the warrant did not specifically call for the search of a residence within the garage.  The court disagreed and held:

“Here the camper was not separated from the garage in any manner. There was no fence, curtilage, or any other boundary demarcations. The presence of all of the furniture, clothing and living debris tied both the camper and the garage together. The photographs show that the space was used, as a whole, to live in. The camper was located fully inside the Folsom St. garage for which the search warrant was issued.”  “Because the camper was not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth Amendment purposes.”

To read or download the full decision CLICK HERE