01-3612 U.S. v. French

By: dmc-admin//June 3, 2002//

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“In this case, French failed to produce any evidence that his driveway and/or gravel walkway were hidden from public view, inaccessible, or otherwise used for intimate activity. Nothing about the walkway alerted Kelly that French had closed the walkway to the public in order to engage in private activities and that curious neighbors, members of the public, and government agents should keep out. Indeed quite the opposite appeared to be the case, as Kelly observed at least three members of the public (Morlan, Jordan, and Collins) making use of French’s driveway and walkway. Thus, we agree with the trial court that the public did have access to the gravel walkway and that French failed to take any steps to prevent the public from accessing it.”

Affirmed.

Appeal from the United States District Court for the Central District of Illinois, McCuskey, J., Coffey, J.

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