Also known as:implied license doctrine · implied license
Written by attorneys · grounded in primary & secondary sources — see below
A principle that certain conduct by a property owner is treated as granting permission for others to enter or act in a particular manner. The scope of any such permission is limited to the area and purpose that ordinary social norms would allow.
Sources & Authorities
How it applies
Common Examples
2
Dog Sniff on Enclosed Patio
Officers arrived at Lindsay's townhouse with a drug-sniffing dog and walked it through a shared courtyard onto her small front patio enclosed by a low brick wall and furnished with personal seating. The dog alerted at the door frame. Because the patio formed part of the curtilage and the dog's investigative use exceeded the limited permission ordinary visitors enjoy to approach a front door, the alert supplied the basis for a warrant that was the fruit of an unconstitutional search.
Importation of Foreign Editions
A student purchased textbooks lawfully made and sold abroad, then imported them into the United States for resale. Because the copyright owner's distribution right was exhausted upon the first authorized sale regardless of geography, the student's importation and resale fell within the permission the statute supplies by operation of law.
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Kirtsaeng d/b/a Bluechristine99 v. John Wiley & Sons Inc.568 U.S. 519 (2013)
Common questions
Frequently Asked
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What conduct exceeds the implied license when officers approach a home?+
Bringing a drug-sniffing dog onto the curtilage to explore areas around the front door exceeds the limited permission that allows only ordinary visitors to knock and wait briefly. The physical intrusion by the dog for an investigative purpose constitutes a search.
Does an enclosed front patio qualify as curtilage protected by the implied-license limit?+
Yes. A small patio enclosed by a low wall, containing personal furniture visible only from within the unit, and located immediately adjacent to the front door forms part of the curtilage. Officers who direct a dog onto that patio exceed the scope of any implied license.
Does an unlocked gate or maintenance access eliminate curtilage protection?+
No. Even an unlocked gate used occasionally by maintenance workers does not destroy the curtilage character of a fenced side yard containing children's toys and located directly beside a bedroom window. Directing a drug dog into that area still exceeds the implied license.
52 N.E.3d 1041 (Mass. 2016)Property
…right after they had been directly told that they were prohibited from doing so. We concluded that the defendants had an implied license to use the common areas of the building to contact tenants even without "any proof of direct authority"; and therefore, the defendant's "entry" was lawful.[^maj-19] Id. at 639-640. The…
Criminal Law Constitutional ProtectionsConstitutional protections of accused persons · Arrest, search, and seizure [Fourth Amendment]NEXTGENFoundational