Open Fields Doctrine - History

History

The open fields doctrine was first articulated by the U.S. Supreme Court in Hester v. United States, which stated that “the special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers, and effects,’ is not extended to the open fields." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, effects."

This method of reasoning gave way with the arrival of the landmark case Katz v. U.S., which established a two-part test for what constitutes a search within the meaning of the Fourth Amendment. The relevant criteria are "first that a person have exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as reasonable'." Under this new analysis of the Fourth Amendment, a search of an object or area where a person has no reasonable expectation of privacy is, in a legal sense, not a search at all. That search, therefore, does not trigger the protections of the Fourth Amendment.

In Oliver v. United States, the Supreme Court held that a privacy expectation regarding an open field is unreasonable:

…open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops, that occur in open fields.

Courts have continuously held that entry into an open field—whether trespass or not—is not a search within the meaning of the Fourth Amendment. No matter what steps a person takes, he or she cannot create a reasonable privacy expectation in an open field, because it is an area incapable of supporting an expectation of privacy as a matter of constitutional law. In situations where the police allege that what was searched was an open field, this has the practical effect of shifting the argument from whether any given expectation of privacy is reasonable, to whether the given place is actually an open field or some other type of area like curtilage. This is because a person can have a reasonable expectation of privacy in areas classed as such.

Read more about this topic:  Open Fields Doctrine

Other articles related to "history":

Casino - History of Gambling Houses
... believed that gambling in some form or another has been seen in almost every society in history ... France and Elizabethan England, much of history is filled with stories of entertainment based on games of chance ... In American history, early gambling establishments were known as saloons ...
History of Computing
... The history of computing is longer than the history of computing hardware and modern computing technology and includes the history of methods intended for pen and paper or for chalk and slate ...
Xia Dynasty - Modern Skepticism
... The Skeptical School of early Chinese history, started by Gu Jiegang in the 1920s, was the first group of scholars within China to seriously question the traditional story of its early history "the ... early Chinese history is a tale told and retold for generations, during which new elements were added to the front end" ...
Spain - History - Fall of Muslim Rule and Unification
... The breakup of Al-Andalus into the competing taifa kingdoms helped the long embattled Iberian Christian kingdoms gain the initiative ... The capture of the strategically central city of Toledo in 1085 marked a significant shift in the balance of power in favour of the Christian kingdoms ...
Voltaire - Works - Historical
... History of Charles XII, King of Sweden (1731) The Age of Louis XIV (1751) The Age of Louis XV (1746–1752) Annals of the Empire – Charlemagne, A.D ... II (1754) Essay on the Manners of Nations (or 'Universal History') (1756) History of the Russian Empire Under Peter the Great (Vol ... II 1763) History of the Parliament of Paris (1769) ...

Famous quotes containing the word history:

    The history of philosophy is to a great extent that of a certain clash of human temperaments.
    William James (1842–1910)

    The history of all hitherto existing society is the history of class struggles.
    Karl Marx (1818–1883)

    There has never been in history another such culture as the Western civilization M a culture which has practiced the belief that the physical and social environment of man is subject to rational manipulation and that history is subject to the will and action of man; whereas central to the traditional cultures of the rivals of Western civilization, those of Africa and Asia, is a belief that it is environment that dominates man.
    Ishmael Reed (b. 1938)