Open fields doctrine essay

In each of these consolidated cases, police officers, ignoring clearly visible "No Trespassing" signs, entered upon private land in search of evidence of a crime. At a spot that could [p] not be seen from any vantage point accessible to the public, the police discovered contraband, which was subsequently used to incriminate the owner of the land.

Open fields doctrine essay

Excerpt from Research Paper: Many people focus on the First and Second amendment. Interpretations of the Fourth Amendment have led to greatly enhanced and expanded rules of evidence that dictate that illicitly gained evidence, even if incriminating, will be excluded if the search that led to its discovery was improper.

However, another facet of the debate and argument has pertained to how to handle the open fields and other types of similar property and what police are and are not allowed to do when no warrant exists. What follows in this report is a thorough literature review that covers the subject of the Open Field doctrine and how the issue as evolved and changed since it first become prominent as a Fourth Amendment topic.

In the general sense of terminology officers are permitted to enter open fields on private property for investigatory purposes because they are 'privileged' and cannot be charged with trespass except under certain circumstances.

One of the circumstances in which privileged entry occurs is when conservation law enforcement officers acting in performance of their duties to uphold the public trust of wildlife.

Plain View/Open Fields Doctrine Essay Example | Topics and Well Written Essays - words

The United States federal law has designated wildlife as a public trust resource. This rule legally ensures that while land and property can be owned by private citizens, the same is not true of wildlife as they are actually not owned by any individuals.

They are held in trust for the benefit of the public at large. Therefore, specific regulations are proscribed for citizens who participate in hunting, fishing, and trapping wildlife, which give conservation law enforcement officers the authority to enforce these regulations on private land in open fields.

These law enforcement officers are charged with protecting the public resource and thus do not violate the U. Constitution when entering open fields on private property for the purpose of performing their statutory duties.

This is what separates "Open Fields Doctrine" from "Plain View Doctrine" wherein officers must view items from a public space such as viewing from a public sidewalk guns in a home or narcotics on a dashboard during a routine traffic stop.

Open Field Doctrine The Fourth Amendment Is Research Paper - Words

In addition the object must be in plain view, which is in contrast to "Open Fields Doctrine" that enables law enforcement officers working on behalf of the conservation department to enter private lands to inspect and enforce regulations. Importance of Topic "Open Fields Doctrine" is necessary because unlike "Plain View Doctrine" that encompasses private personal property such as guns, drugs, or other items that are personal, the items that are sought with this doctrine are a public trust.

Therefore, when someone is caught illegally hunting, fishing, or trapping on their own private property by investigators who deliberately came to this private property without probable cause or seeing any indications that illegal activity was occurring such as in plain view, it is still legal because the individual is attacking public items owned by the public.

He or she does not have an individual right to these items even if he or she kills them, wildlife is still a public trust while in the possession of a private citizen. Therefore, the public officials charged with enforcing the regulations to ensure that this public trust is protected can enter private property during the commission of their statutory duties.

This is going to be the most important tool in the final stages to arrive at a conclusion.

Criminal Procedures Essay Sample

Literature Review United States There is a wide array of case law and literature available on the Open Field doctrine and the broader topic of the Fourth Amendment and its various interpretations and enforcements. As with most portions and parts of the various Bill of Rights amendments, the scope and reach of each sentence and clause has had to be defined so as to apply it to real-world cases and situations and the Open Field doctrine is no different.

The cases Oliver v. United States 5 and Hester v.

Cite This Research Paper:

United States 6 established that "open fields" are not included when discussing the "unreasonable search and seizure" provision of the Fourth Amendment. This holds true even if the entrance into said open field would normally be trespassing under common law.

Even so, it has to be defined with an "open field" is pursuant to the provisions above, and there is also Supreme Court precedent that defines that as well.

Dunn 7 held that "open fields" are unoccupied or undeveloped areas outside the area immediately next to a house or other dwelling, the latter of which is commonly known as curtilage. For example, if a house is on a piece of land and the house is enclosed by a chain link fence, that entire area inside that fence but outside the house is curtilage but anything outside of that same fence is not.

If there is an open field directly bordering the curtilage, the area within the fence is protected as is the house under the Fourth Amendment but the adjacent field would not be. A few other conditions and facts have to be put into context.

The aforementioned Dunn case was decided based on the premise that police officers in an open field and spotted an illicit drug lab in a barn that was on protected property. The overarching question answered in that case was whether the officer's presence in the open field was grounds for the discovery of the barn being thrown out.

Open fields doctrine essay

The Dunn case was decided in favor of the police officers. The court held that even though the officers were already on the assailants land when the discovery was made and even though they only saw the drug lab in the barn because of this which led to them entering the curtilage subsequent to that discovery, which involved climbing the fence at the edge of the curtilagethe evidence and convictions were not stricken since the discover itself was righteous and was not done while the Fourth Amendment was being violated.

Open fields doctrine essay

Some states explicitly recognize and embrace the Open Field doctrine. One of those states is Arizona. Two of the relevant cases for that state are State v. Caldwell and State v. Caldwell involved a marijuana press that was clearly within the curtilage of a home but some "bricks" of marijuana that were several hundred yards from the home, and therefore….Plain View/ Open Fields Case Study Essay Words | 4 Pages Roel R.

Garcia Plain View / Open Fields Case Study Axia College University of Phoenix Scott Smith September 14, Today a high percentage of the arrests done by law enforcement are from seized evidence that was in plain view and does not come under the Fourth Amendment.

The Fourth Amendment contains crystallized principles to guard against State encroachment on the privacy of its citizens. (Romero, ) This amendment, however, is subject to exceptions, two of which are the plain view doctrine and the open fields doctrine. In examining the vitality of the open fields doctrine, this note will consider the development of the doctrine, the controversy caused by the Katz opinion, and the Oliver decision itself.

Roel R. Garcia Plain View / Open Fields Case Study Axia College University of Phoenix Scott Smith September 14, Today a high percentage of the arrests done by law enforcement are from seized evidence that was in plain view and does not come under the Fourth Amendment.

Open Fields Doctrine One of the exceptions to the search and seizure law which enables police officers to conduct warrantless search and seizure proceedings, especially in criminal cases, is . Excerpt from Essay: Open Fields Doctrine and Its Relevance to the U.S.

Constitution What is the open fields doctrine? According to the definition provided by Black's Law Dictionary (), the open fields doctrine "permits police officers to enter and search a field without a warrant.

Oliver v. United States | US Law | LII / Legal Information Institute