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. In neither case did the police have a warrant authorizing their activities.

Open fields doctrine essay

Constitution What is the open fields doctrine? In Dow Chemical v. United States, U.

Plain View/ Open Fields Case Study , Sample of Research papers

Evolution of the open fields doctrine in the United States due processunreasonable searches, etc. According to Bradley, there has always been a need to formulate "clear rules" for criminal procedures, a need that is especially pronounced in those cases where the need to give the police guidelines as to how to behave in different situations involves constitutional rights.

For example, in United States v. In this regard, the Court in Oliver reasoned that: Under this approach, police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy.

In recent years, there has been some uncertainty concerning the interpretation of the open fields doctrine developed in Hester v.

Open fields doctrine essay

In Hester, the Court adopted a so-called per se rule that meant the protections of the Fourth Amendment do not apply to open fields, but a later decision concerning the open fields doctrine appears to conflict with the Hester interpretation. For instance, in Katz v. United States U.

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In Katz, the Court held that the "Fourth Open fields doctrine essay protects people, not places" and that the appropriate test of Fourth Amendment protections was to determine if the citizen enjoyed a reasonable expectation of privacy that could be "justifiably relied upon" Godley, These apparent differences in interpretation were resolved when the Supreme Court published its decision in Oliver v.

Brief introduction of pros for the open field doctrine, such as criminal deterrence, punishment fits the crime. Bradley reports that in Dunaway v. New York, U. In Dunaway, the Court emphasized that, "A single familiar standard is essential to guide police officers, who have only limited time and expertise to reflect on and balance the social and individual interests involved in the specific circumstances they confront.

Before the criminal procedure revolution, the Court frequently emphasized that "there is no formula for the determination of reasonableness. Each case is to be decided on its own facts and circumstances" Go-Bart Importing Co.

Brief introduction of cons for the open field doctrine, such as the Fourth Amendment, statistical bias and due process inconsistencies.

The open fields doctrine may be interpreted differently by law enforcement authorities in different jurisdictions in ways that unfairly target minorities, erode due process requirements and other Fourth Amendment protections against unreasonable search and seizure.

For instance, in Oliver, the District Court for the Western District of Kentucky found that Oliver had a reasonable expectation that the fields would remain private considering the posting of "No Trespassing" signs as well as the installation of a locked gate.

The law enforcement authorities in this case simply walked around the locked barrier to pursue their investigation. Cost of hearings, processes, lawyers, etc. Although every case is different, most defense lawyers would likely recommend retaining a private attorney because of the potential for maximum punishments being handed down in open fields doctrine cases.

According to one defense attorney, "The police may claim that they are allowed to access the property under the Open Fields Doctrine. Trafficking in marijuana carries mandatory minimum prison time and fines.

In the opens field doctrine case Giddens v. The State Ga. Cost of appeal process. Some law firms provide pro bono legal services for meritorious Fourth Amendment actions before the Supreme Court. Besides these legal fees, the U. Court of Appeals Miscellaneous Fee Structure sets forth the following costs associated with appeals: For reproducing the record in any appeal in which the court of appeals does not require an appendix pursuant to FED.

For copies of opinions, a fee commensurate with the cost of printing, as fixed by each court.Open Fields Doctrine Items in open fields are not protected by the Fourth Amendment and can be taken by an officer without a warrant or probable cause.

The Fourth Amendment protects only "houses, papers, and effects" against unreasonable searches and seizures. View this essay on Open Fields Doctrine and Its Relevance to. According to the definition provided by Black's Law Dictionary the open fields doctrine permits.

Open Fields Doctrine This is a United States of America doctrine created with an aim of making evaluations on claims of unreasonable or illegal searches by .

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.


Open fields doctrine essay

INTRODUCTION In recent years, uncertainty has arisen concerning the vitality. 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.

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