Which factor is NOT part of the test to determine curtilage?

The determination of curtilage, which refers to the area immediately surrounding and associated with a home, is based on several key factors that help define the extent of privacy and protection individuals have in their residential space. Among these factors, the proximity of the area to the home, the nature and use of the area, and the steps taken by the homeowner to conceal or shield that area from public view are all critical considerations.

The proximity factor considers how close the area is to the home itself, while the nature and use of the area evaluate how that space is typically utilized—whether for personal leisure, practical purposes, or storage. Similarly, actions taken by homeowners, such as erecting fences or employing landscaping to shield the area, indicate an intent to maintain privacy.

In contrast, the type of building materials used in the construction of the area does not contribute to the legal definitions surrounding curtilage. It does not affect the privacy implications or the homeowner's expectation of privacy from public view or law enforcement. Therefore, it is the outlier in this context, as it has no bearing on determining the residential protections afforded to a space around the home.