Michael P. Shea, U.S.D.J..
I earlier granted summary judgment in favor of Town of Coventry police officers who entered the home of Joseph Kaminsky Jr. and seized firearms on December 16, 2011, because I found that Kaminsky had consented to the entry and seizure. Kaminsky v. Schriro, 243 F.Supp.3d 221 (D. Conn. 2017). In the same ruling, I denied summary judgment as to the Coventry police officers who remained in Kaminsky's yard during the December 16, 2011, visit, noting that there was a question about whether those officers had invaded the "curtilage" of Kaminsky's property, an issue the parties had not addressed. Id. at 231. I later permitted those officers to move for summary judgment as to the curtilage issue, and now conclude, after construing the evidence in the record in the light most favorable to Kaminsky, that the portion of Kaminsky's yard in which those officers were located does not constitute "curtilage" and thus that those officers did not violate his Fourth Amendment rights either. I therefore GRANT the remaining Coventry defendants' motion for summary judgment. (ECF No. 87.) I also allowed the State of Connecticut officers who had entered Kaminsky's home together with the Coventry officers to move for summary judgment, even though they had not done so initially, and now grant their motion as well (ECF No. 82), because I find that Kaminsky's consent to the entry and seizure extended to the state officers as well.
Kaminsky filed this lawsuit under 42 U.S.C. § 1983 on December 16, 2014, against Dora B. Schriro, Commissioner of the Connecticut Department of Emergency Services and Public Protection (DESPP); DESPP Sergeant Paolo D'Alessandro; Chief of the Coventry Police Department (CPD) Mark A. Palmer
On June 21, 2016, I granted in part and denied in part the defendants' motion to dismiss the amended complaint. (ECF No. 63.) I dismissed the claims against the State of Connecticut Defendants in their official capacities, the portion of Count Two asserting a Second Amendment violation, the portion of Count Three asserting a First Amendment violation, and the supervisory claim against Defendant D'Alessandro; and dismissed without prejudice the remaining portions of Counts Two (asserting a violation of Article First, Section 15 of the Connecticut Constitution) and Three (asserting a violation of Article First, Section 10 of the Connecticut Constitution). I also dismissed the claims against Solenski and Flanagan in their official capacities.
On March 20, 2017, as noted, I granted in part and denied in part the motion for summary judgment by defendants Solenski, Flanagan, Dexter, Opdenbrouw, and Hicks of the CPD (the Coventry Defendants). I granted summary judgment on all claims against them, except for Kaminsky's claim against Flanagan, Dexter, and Opdenbrouw for unlawful entry onto any curtilage portion of Kaminsky's property. The Coventry officers have now submitted a second motion for summary judgment (with my permission), and that motion is fully briefed. Connecticut State Police Officers Barbara Mattson, Vincent Imbimbo, and Sean Musial (the Connecticut Defendants) did not seek summary judgment initially but now have filed a motion for summary judgment on the remaining claims against them, and that motion is fully briefed as well.
Joseph Kaminsky is 86 years old and lives at 105 John Hand Drive in Coventry, Connecticut. (ECF Nos. 87-2 at ¶ 1, 97-1 at ¶ 1.) The south and east borders of his property abut Wangumbaug Lake for 105 feet. (ECF Nos. 83 at ¶ 3, 95 at ¶ 3.) This means that one side of his house and a yard face the lake: there is no fence or enclosure to block either his yard or his home from full view by any boats on the lake, other than a low stone retaining wall. (ECF Nos. 83 at ¶ 4, 95 at ¶ 4.) Kaminsky's property lies within a cove of the lake, but there is no fence, blockade, or other restriction separating this cove from access to the lake as a whole. (ECF Nos. 95 at ¶ 4, 94-11, 94-14.) Wangumbaug Lake has a public boat launch, and the general public is permitted to use it to access the lake. (ECF Nos. 83 at ¶ 5, 95 at ¶ 5.) Any member of the public on the lake would be able to view Kaminsky's property and house unobstructed: although it is removed from the main part of the lake, there is nothing preventing the public from accessing the cove. (ECF Nos. 83 at ¶ 6, 95 at ¶ 6, 94-11.) The yard area around the low stone retaining wall is fully visible from the lake, and there is a clear view of several houses on the other side of the
Also in that yard area near the low stone wall is a flagpole. (ECF No. 87-7, 94-11.) The pole towers above Kaminsky's house, reaching approximately twice its height. (ECF No. 87-7.) In the photograph submitted by the defendants, it appears that there are two large flags hanging from the flagpole. (ECF No. 87-7.) In the video submitted by the plaintiff, the camera pans up to show a large American flag hanging from it as well. (ECF No. 94-11.) The flagpole faces out to the lake. (ECF No. 87-7.) Its flags are visible from the lake and from the houses across the lake that face Kaminsky's property. (ECF No. 94-11.)
Trees border Kaminsky's property on the north and west sides. (ECF Nos. 94-11, 94-14.) While the trees on the west side of the property are thick and obscure the view of Kaminsky's house (except for the area near the driveway, from which the house is visible), the trees on the north side are both sparse and spare. (Id.) The few trees that are there are small and do not block a view of Kaminsky's house. (Id.) Kaminsky's northerly neighbor's house sits just a few yards away, with a full view of Kaminsky's property through this line of trees. (Id.) Kaminsky's front door, visible from the road, is sealed shut: a path leads along the northern border of the property around the back of the house to another door, which faces the lake. (Id.)
On December 16, 2011, Connecticut State Police (CSP) Officer Barbara Mattson received a call from FBI Agent Eric Moore about Joseph Kaminsky's recent application to renew his federal firearms permit. (ECF Nos. 87-2 at ¶ 9, 97-1 at ¶ 9.) Agent Moore informed Mattson that the records check conducted for the renewal revealed that Kaminsky had a felony conviction from 1964. (Id.) Agent Moore stated that Kaminsky's application to renew his permit was denied for that reason. (Id.) Conn. Gen. Stat. § 53a-217 prohibits people previously convicted of felonies from possessing firearms.
After receiving this information, Mattson queried Kaminsky's criminal history through the State Police Bureau of Identification (SPBI) database. (ECF Nos. 87-2 at ¶ 10, 97-1 at ¶ 10.) Kaminsky was listed in that database as having a 1964 conviction for seven counts of unemployment insurance fraud. (Id.) She also checked the Special Licensing and Firearms Unit (SLFU) databases and learned that Kaminsky held a current Connecticut permit to carry pistols and revolvers and a Town of Coventry permit to sell firearms — neither of which a felon lawfully may possess. (ECF Nos. 87-2 at ¶ 11, 97-1 at ¶ 11.) Mattson noticed that the 1964 conviction was not listed in the SPBI database the last time Kaminsky's Connecticut pistol permit was renewed, which was on August 17, 2010. (ECF Nos. 87-2 at ¶ 12, 97-1 at ¶ 12.) Mattson further learned that Kaminsky had six firearms registered to his name, including three machine guns, in violation of both state and federal law. (ECF No. 87-2 at ¶ 13, 97-1 at ¶ 13.) Mattson compared the fingerprints for Kaminsky's 1964 conviction with the fingerprints for the pistol permit registered to his name, and they matched. (ECF Nos. 87-2 at ¶ 14, 97-1 at ¶ 14.)
Mattson and Vincent Imbimbo, another SLFU detective, then drove to the CPD to speak with Mark Palmer, Chief of Police. (ECF Nos. 87-2 at ¶ 15, 97-1 at ¶ 15.) At the CPD, Mattson and Imbimbo spoke with Chief Palmer, Lieutenant Walter Solenski, and Detective Matthew Hicks and alerted them that Kaminsky had a prior felony conviction and had registered firearms in his possession. (ECF Nos. 87-2 at
When they arrived at Kaminsky's home, at approximately 10:51 a.m., Mattson parked in the driveway. (ECF No. 97-1 at 21, ¶ 18.) The Coventry defendants were in another car. (ECF No. 97-1 at 21, ¶ 17.) The officers "had to walk up a little bit and come around" to reach the door, i.e., the door facing the lake. (ECF No. 97-1 at 21, ¶ 19.) According to Kaminsky, as the police approached his home, they "pounded on the side of the house like they hit it with a butt of a rifle or with their billy club." (ECF No. 82-12 at 5.)
Flanagan, Dexter, and Opdenbrouw stayed outside. Kaminsky stated that he observed "three, or four, or five" officers on his property that day. (ECF No. 95 at 6, ¶ 11.) He states that they were "close to and on the house side of his stone [retaining] wall." (ECF No. 95 at 6, ¶ 12; see also ECF No. 94-13 at 2 ("[C]lose to my stone wall so they could jump over the stone wall it looked like to me. Take protection from a felon like myself.")) In the affidavits accompanying the Coventry defendants' first motion for summary judgment, Flanagan, Dexter, and Opdenbrouw all stated that they waited in Kaminsky's yard, while Mattson, Imbimbo, and Solenski went inside. (ECF Nos. 57-7 at ¶ 5 and 57-9 at ¶ 5.) They stated that this was to provide "cover" for the officers who went inside, given that they knew Kaminsky was in possession of several firearms and had a previous conviction. (Id.) In Flanagan's and Dexter's affidavits accompanying this second motion for summary judgment, however, they state that they were outside the bounds of Kaminsky's property, "near the house of Joseph Kaminsky." (ECF Nos. 87-4 at ¶¶ 4, 6, 87-9 at ¶¶ 4, 6.) Opdenbrouw states that he was in fact in Kaminsky's yard while he was providing cover for the other officers. (ECF No. 87-11 at ¶ 4.) Once Solenski, Mattson, and Imbimbo entered Kaminsky's house, these three officers left their positions and returned to stand on the public road. (ECF Nos. 87-4 at ¶ 18, 87-9 at ¶ 13, 87-11 at ¶ 9.)
After Mattson spoke with his attorney, Kaminsky agreed to turn over his firearms. (ECF Nos. 87-2, 97-1 at ¶ 23.) Kaminsky surrendered his pistol permit and "went around his residence removing firearms from their places of storage." (ECF Nos. 87-2 at ¶ 24, 97-1 at ¶ 24.) This included removing firearms stored in the attic by accessing a concealed folding staircase. (ECF Nos. 87-2 at ¶ 25, 97-1 at ¶ 25.) The officers accepted Kaminsky's surrender of 36 firearms that day, according to the inventory report. (ECF Nos. 87-2 at ¶ 30, 97-1 at ¶ 30.)
On December 19, 2011, Solenski received a telephone call from Attorney Weisman, who stated that Kaminsky had located additional firearms in his house that he wished to surrender. (ECF Nos. 87-2 at ¶ 35, 97-1 at ¶ 35.) Solenski passed this information along to the SLFU. (Id.) Mattson then telephoned Weisman to confirm that Kaminsky wanted to surrender additional firearms. (ECF Nos. 87-2 at ¶ 36, 97-1 at ¶ 36.) Mattson informed him that three of the weapons surrendered on December 16, 2011, were illegal assault weapons under Connecticut law and would have to be destroyed. (Id.) Weisman asked if Kaminsky would be arrested, and Mattson assured him that Kaminsky would not. (Id.) Weisman again affirmed that Kaminsky would cooperate in surrendering the additional firearms. (Id.)
That afternoon, following the call with Weisman, Mattson and CSP detective Musial drove to Kaminsky's property. (ECF Nos. 87-2 at ¶ 37, 97-1 at ¶ 37.) Mattson and Musial knocked on Kaminsky's door, and he showed them into his home, where he had gathered firearms for surrender on
Summary judgment is appropriate only when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). The moving parties bear the burden of demonstrating that no genuine issue exists as to any material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). "A dispute regarding a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Williams v. Utica Coll. of Syracuse Univ., 453 F.3d 112, 116 (2d Cir. 2006) (quotation marks omitted). "The substantive law governing the case will identify those facts that are material, and only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Bouboulis v. Transp. Workers Union of Am., 442 F.3d 55, 59 (2d Cir. 2006) (internal citations and alterations omitted).
If the moving party carries its burden, "the opposing party must come forward with specific evidence demonstrating the existence of a genuine dispute of material fact." Brown v. Eli Lilly & Co., 654 F.3d 347, 358 (2d Cir. 2011). The Court considers all facts "in the light most favorable to the nonmoving party" after drawing "all reasonable inferences in his favor." Sologub v. City of New York, 202 F.3d 175, 178 (2d Cir. 2000) (quotation marks omitted).
The parties have now briefed the curtilage issue and have submitted additional evidence. (ECF Nos. 87, 94.) Kaminsky claims that Flanagan, Dexter, and Opdenbrouw violated his Fourth Amendment rights by standing in his yard "close to" the low stone retaining wall without a warrant.
The Fourth Amendment protects against "unreasonable searches and seizures." "It "indicates with some precision the places and things encompassed by its protections: persons, houses, papers, and effects." Florida v. Jardines, 569 U.S. 1, 6, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) And of these places and things, "the home is first among equals." Id. "In the home, our cases show, all details are intimate details, because the area is held safe from prying government eyes." Kyllo v. U.S., 533 U.S. 27, 37, 121 S.Ct. 2038, 150 L.Ed.2d 94 (2001) (emphasis in original).
"[T]he curtilage of the house," or the area "immediately surrounding [the] house," "enjoys protection as part of the home itself." Jardines, 569 U.S. at 5-6, 133 S.Ct. 1409. The Fourth Amendment right to "be free from unreasonable governmental intrusion ... would be of little practical value if the State's agents could stand in a home's porch or side garden and trawl for evidence with impunity; the right to retreat would be significantly diminished if the police could enter a man's property to observe his repose from just outside the front window." Id. at 7, 133 S.Ct. 1409 (internal quotation marks and citations omitted). "While law enforcement officers need not shield their eyes when passing by the home on public thoroughfares, an officer's leave to gather information is sharply circumscribed when he steps off those thoroughfares and enters the Fourth Amendment's protected areas." Id. (internal quotation marks and citations omitted).
The Fourth Amendment's protection of curtilage, however, "d[oes] not extend to the open fields." U.S. v. Dunn, 480 U.S. 294, 300, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987) (citing Hester v. United States, 265 U.S. 57, 59, 44 S.Ct. 445, 68 S.Ct. 898 (1924)). "[T]he extent of curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself." Dunn, 480 U.S. at 300, 107 S.Ct. 1134. The "central component" of the inquiry is "whether the area harbors the intimate activity associated with the sanctity of a [person's] home and the privacies of life." Id. (internal quotation marks and citations omitted). Four factors to consider in this inquiry are:
While a "useful tool", Dunn's factor analysis for determining curtilage is but "a special case of the more general doctrine that a reasonable expectation of privacy is necessary for a successful Fourth Amendment claim." U.S. v. Titemore, 437 F.3d 251, 259 (2d Cir. 2006) (internal quotation marks and alterations omitted) (citing Tri-State Steel Constr., Inc. v. Occupational Safety & Health Review Comm'n, 26 F.3d 173, 178 (D.C. Cir. 1994) (Williams, J., concurring in the result)). "The touchstone of our inquiry, therefore, remains whether [the defendant] had a reasonable expectation of privacy in [the area at issue]." United States v. Reilly, 76 F.3d 1271, 1276 (2d Cir.), on reh'g, 91 F.3d 331 (2d Cir. 1996). "[T]he yard of a residential property is not necessarily curtilage and there is no per se rule for what is and what is not curtilage." Golodner v. City of New London, Conn., No. 314-CV-00173-VLB, 2015 WL 1471770, at *6 (D. Conn. Mar. 31, 2015).
Kaminsky did not have a reasonable expectation of privacy in the area in which Flanagan, Dexter, and Opdenbrouw stationed themselves, and so no Fourth Amendment violation occurred. Although there is a factual issue about where precisely the officers were, when the facts are viewed in the light most favorable to Kaminsky, the officers were standing in his yard "close to" the stone wall. (ECF No. 94-3 at 9.) On balance, an analysis of the Dunn factors as applied to that area of Kaminsky's yard shows that Kaminsky did not have a reasonable expectation of privacy in this area.
Although Kaminsky's yard is not very large, the low stone wall is at the furthest edge from the house and closer to the lake — which is open to public observation — than it is to the house. It is certainly not so close to the house that anyone present there might be able to observe private activities inside the home. Nor is it covered or sheltered by an extension of the home or other structure. Because the area, instead, is open, Kaminsky did not "ensure his seclusion well beyond the [house] area," as is required to find a reasonable expectation of privacy in an area clearly removed from the house itself. Reilly, 76 F.3d at 1278.
The yard in which Kaminsky states that Flanagan, Dexter, and Opdenbrouw stood is not surrounded by an enclosure. Kaminsky argues that his property is "bordered by a thick row of fir trees, a row of trees[,] and a lake." (ECF No 94 at 16.) He argues that these natural features form an "enclosure" like the "hedgerows along the east and west sides [of a property] and ... thick woods on the north side" in Reilly, 76 F.3d at 1276, which the Second Circuit held constituted an enclosure, even though they were natural features. But unlike the yard in Reilly, the part of Kaminsky's yard in which the officers were standing is not enclosed at all. While there is a thick row of fir trees bordering part of the front of Kaminsky's property (i.e., on the side of the house facing the road), all the other borders on Kaminsky's land are open and permit clear observation from the outside. The trees planted on the north side of the property are widely spaced and small, such that they provide no screen from the view of Kaminsky's north-side neighbor, whose house, with facing windows, looms close to his property line. (ECF No. 94-11.) And, while the lake borders Kaminsky's property
Kaminsky has an outdoor grilling and eating area set up in his backyard, overlooking the lake. These areas are relatively comparable to the "gazebo, cottage, copse, and pond, located as they were in relation to each other and to the main residence, and maintained as they were found by the district court to be," which the Second Circuit determined to be "typically used for private activities." Reilly, 76 F.3d at 1279. Kaminsky, though, does not state that the officers were in those areas of his yard. Rather, he says that they were "close to" the low stone retaining wall, which is close to the lake and appears to be designed to protect the yard from any rising water. (See ECF No. 94-13 at 2.) This purpose is not the same sort of private activity of the home that the court in Reilly considered to be protected by a reasonable expectation of privacy. This factor therefore does not weigh in favor of Kaminsky either.
The final factor weighs most heavily against Kaminsky. Although a thick line of trees borders one edge of his property, the other sides are open to public observation. The Second Circuit previously has determined that areas similarly not hidden from the view of others are not part of constitutionally protected curtilage. In Simko v. Town of Highlands, the Second Circuit held that "trees, bushes, and stumps" surrounding the property did not "significantly limit access to or visibility of the [area in question] from neighboring properties." 276 Fed.Appx. 39, 41 (2d Cir. 2008). The Second Circuit found that an analysis of "these factors as a whole" supported the district court's conclusion that "the shed and surrounding area was not within the curtilage of [the plaintiff]'s home and not entitled to a heightened expectation of privacy." Id. And in United States v. Hayes, the Second Circuit also concluded that there was no reasonable expectation of privacy in an area of the defendant's property where "there was no fence or other structure designed to shield the area in question." 551 F.3d 138, 148-49 (2d Cir. 2008). Although in the context of the special needs exception to the warrant requirement, the Second Circuit also has determined that a plaintiff had "a diminished expectation of privacy" in the "rear areas of the [plaintiff]'s home" that were "freely observable to the public from the water and from the rear deck and yard of at least one of [plaintiff]'s neighbors." Palmieri v. Lynch, 392 F.3d 73, 83 (2d Cir. 2004).
Kaminsky argues that his property was not visible from the street. But that is not the full extent of the visibility analysis. The Second Circuit in Simko wrote that the police's ability to "access that area
As for the lakeshore, Kaminsky argues that, because his property is in a natural cove of the lake, his property is not visible from that side either. Although Kaminsky's house is in a cove (ECF No. 94-14) — meaning it is less likely to be visible from some parts of the lake — again he has taken no steps to block access to that cove or to prevent anyone on a boat on any part of the lake from viewing his backyard. The cove itself is broad enough to permit observation of, and observation from, a substantial area of the lake located outside the cove. (See ECF No. 94-11, 94-14.) Therefore, the area in which Kaminsky said that the officers were standing was visible to the public and to Kaminsky's neighbors, unobstructed by any natural or artificial barriers, and this factor weighs heavily against a finding that Kaminsky had any reasonable expectation of privacy there. See Palmieri, 392 F.3d at 83.
Moreover, Kaminsky erected a flagpole — standing twice the height of his home — in his yard, directly facing the lake, near the low stone wall where the officers were stationed. (ECF Nos. 87-7, 94-11.) He hung large flags on the pole: the video of his property shows a sizeable American flag displayed on the pole. (ECF No. 94-11.) The position of the pole and the size of the flags suggest that Kaminsky invited public observation of that portion of his yard, the same portion in which the officers were standing. In other words, Kaminsky likely expected others to observe that area of his yard. Thus, Kaminsky not only failed to conceal this area of his yard from view but also took active steps to attract observers. This is not what one does with areas of one's home that one wants to keep private.
Considering the four factors together and mindful that the central question remains "whether the area harbors the intimate
The Connecticut Defendants have now moved for summary judgment on the remaining claims against them: (1) the Fourth Amendment claim and (2) the Connecticut constitutional claim. Kaminsky does not address the Connecticut constitutional claim in his brief opposing the Connecticut defendants' motion for summary judgment. Therefore, that claim is abandoned. See Packer v. SN Servicing Corp., 250 F.R.D. 108, 112 (D. Conn. 2008) ("It is well settled that a failure to brief an issue is grounds to deem the claim abandoned."). And although the Connecticut defendants briefed issues regarding Kaminsky's claims about the Connecticut defendants' second entry into Kaminsky's home and seizure of firearms on December 19, 2011, Kaminsky did not address any of those issues in his opposition brief. (See ECF No. 97.) Therefore, those claims have been abandoned as well, and I will not address them. See Packer, 250 F.R.D. at 112.
Kaminsky does argue that, during the first entry on December 16, 2011, the consent to search his home extended only to Solenski — not the Connecticut defendants — and that the Connecticut defendants used his consent to circumvent a lack of probable cause to search his home. Those arguments are unpersuasive. As I stated in the ruling on the Coventry defendants' first motion for summary judgment, "[t]o ascertain whether consent is valid, courts examine the totality of all the circumstances to determine whether the consent was a product of that individual's free and unconstrained choice, rather than a mere acquiescence in a show of authority." United States v. Garcia, 56 F.3d 418, 422 (2d Cir. 1995) (internal quotation marks omitted). "In this circuit, the test is an objective one — whether the agents had a reasonable basis for believing that there was valid consent to the search." United States v. Eggers, 21 F.Supp.2d 261, 268-69 (S.D.N.Y. 1998). The Eggers court summarized the factors that courts use to evaluate whether consent is voluntary:
Id. (footnotes and citations omitted) (finding that consent was not voluntary where the defendant was "very agitated and upset, a fact which was readily apparent to the agents," and the initial attempt to get consent was met with "unequivocal refusal"). "[K]nowledge of the right to refuse consent is not a requirement to a finding of voluntariness." Garcia, 56 F.3d at 422. "Consent to a search has been found despite formal arrest," id. (citing United States v. Watson, 423 U.S. 411, 424, 96 S.Ct. 820, 46 L.Ed.2d 598), but "courts have found threats to one's home [including
I have already held that Kaminsky voluntarily consented to Solenski's entry into his house, and Kaminsky has presented no evidence that he did not also consent to Mattson's and Imbimbo's entry at the same time. I previously held that Kaminsky's consent was not coerced because:
(ECF No. 73 at 15.) Kaminsky has not presented any evidence to support a finding that he did not consent voluntarily to Mattson and Imbimbo entering at the same time as Solenski. Solenski, Imbimbo, and Mattson approached Kaminsky's door together. (ECF Nos. 83 at ¶ 18, 97-1 at ¶ 18.) Although Kaminsky directly addressed Solenski — saying "What's going on, Walt [Solenski]?" (ECF No. 97-1 at ¶ 18) — he gave no indication, when he waved Solenski in, that his invitation extended only to Solenski. In fact, he "left the door open and ... waved them in," referring to all three officers. (ECF No. 82-12 at 7.)
Kaminsky also argues that, because the officers who entered his home did not have probable cause to believe he committed a crime, their use of the consent exception to the warrant requirement was improper.
(ECF No. 73 at 12.) Kaminsky has presented no evidence that these circumstances were different for the Connecticut defendants than they were for the Coventry defendants. Therefore, I find that Kaminsky voluntarily consented to the Connecticut officers' entry into his home, and no Fourth Amendment violation occurred during the officers' visit to Kaminsky's home on December 16, 2011.
For the reasons stated above, I
