Expectation Of Privacy

Information about Expectation Of Privacy

For other uses, see Open-field (disambiguation).

The open fields doctrine is a U.S. legal doctrine created judicially for purposes of evaluating claims of an unreasonable search by the government in violation of the Fourth Amendment of the U.S. Constitution, which states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The open fields doctrine was first articulated by the U.S. Supreme Court in Hester v. United States^[1], 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."^[2] 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, [or] effects."

This method of reasoning gave way with the arrival of the landmark case Katz v. U.S.,^[3] 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."^[4] Under this “new” analysis of the Fourth Amendment, privacy expectations deemed unreasonable by society cannot be validated by any steps taken by the defendant to shield the area from view.

In Oliver v. United States^[5], 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. ^[6]

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.

Distinguishing open fields from curtilage

While open fields are not be protected by the Fourth Amendment, the curtilage, or outdoor area immediately surrounding the home, is. Courts have treated this area as an extension of the house and as such subject to all the privacy protections afforded a person’s home (unlike a person's open fields) under the Fourth Amendment.

An area is curtilage if it "harbors the intimate activity associated with the sanctity of a man's home and the privacies of life."^[7] Courts make this determination by examining "whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by."^[8] Theoretically, many structures might extend the curtilage protection to the areas immediately surrounding them. The courts have gone so far as to treat a tent as a home for Fourth Amendment purposes in the past. ^[9]^[10]^[11] It is possible that the area immediately surrounding a tent (or any structure used as a home) might be considered curtilage.

Despite this rather broad interpretation of curtilage, the courts seem willing to find areas to be outside of the curtilage if they are in any way separate from the home (by a fence, great distance, other structures, even certain plants).^[12]

References

1. ^ Hester v. U.S., 265 U.S. 57 (1924)
2. ^ Hester v. U.S., 265 U.S. 57, 57 (1924)
3. ^ Katz v. U.S., 389 U.S. 347 (1967)
4. ^ Katz v. U.S., 389 U.S. 347, 361 (1967)
5. ^ Oliver v. U.S., 466 U.S. 170 (1984)
6. ^ Oliver v. U.S., 466 U.S. 170, 179 (1984)
7. ^ United States v. Dunn, 480 U.S. 294, 300 (1987)
8. ^ United States v. Dunn, 480 U.S. 294, 301 (1987)
9. ^ United States v. Gooch, 6 F.3d 673 (9th Cir. 1993)
10. ^ LaDuke v. Nelson, 762 F.2d 1318 (9th Cir. 1985)
11. ^ LaDuke v. Castillo, 455 F.Supp. (E.D. Wash. 1978)
12. ^ U.S. v. Hatch, 931 F.2d 1478 (11th Cir.), cert. denied, 502 U.S. 883 (1991)

United States v. Burton, 894 F.2d 188 (6th Cir.), cert. denied, 498 U.S. 857 (1990)
United States v. Pace, 955 F.2d 270 (5th Cir.), cert. deniedÂ¸ 502 U.S. 883 (1992)
Husband v. Bryan, 946 F.2d 27 (5th Cir. 1991)
United States v. Benish, 5 F.3d 20 (3d Cir. 1993)
United States v. McKeever, 5 F.3d 863 (5th Cir. 1993)
United States v. Brady, 993 F.2d 177 (9th Cir. 1993)
United States v. Depew, 8 F.3d 424 (9th Cir. 1993)
United States v. Reilly, 76 F.3d 1271 (2d Cir. 1996)
United States v. Gooch, 6 F.3d 673 (9th Cir. 1993)

Open field may refer to:

Open field system, a system of agriculture prevalent throughout Europe from the Middle Ages to the 20th Century
Open field (sowing), method of sowing seeds
Open fields doctrine, a U.S.

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Motto
"In God We Trust" (since 1956)
"E Pluribus Unum" ("From Many, One"; Latin, traditional)
Anthem
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LAW may refer to:

Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
Palestinian Society for the Protection of Human Rights (also known as LAW)
League of American Bicyclists, formerly known as the League of American Wheelmen

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Doctrine (Latin: doctrina) is a code of beliefs or "a body of teachings" or "instructions", taught principles or positions, as the body of teachings in a branch of knowledge or belief system. The Greek analogy is the etymology of catechism.
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United States of America

This article is part of the series:
United States Constitution

Original text of the Constitution
Preamble
Articles of the Constitution
I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII
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Warrant has several meanings:

Warrant (law), a form of authorization, such as
A writ issued by a judge.
A certificate issued by the defense minister appointing a warrant officer.

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In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.
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The Fourth Amendment may refer to the:

Fourth Amendment to the United States Constitution - part of the Bill of Rights, it guards against unreasonable searches and seizures.

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Katz v. United States

Supreme Court of the United States
Argued October 17, 1967
Decided December 18, 1967

Full case name: Charles Katz v. United States

Citations: 389 U.S. 347 ; 88 S. Ct. 507; 19 L. Ed. 2d 576; 1967 U.S.
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trespass can be:

the criminal act of going into somebody else's land or property without permission of the owner or lessee;
a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit - see trespass to land.

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Curtilage is a legal term describing the enclosed area of land around a dwelling. It is distinct from the dwelling by virtue of lacking a roof, but distinct from the area outside the enclosure in that it is enclosed within a wall or barrier of some sort.
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Katz v. United States

Oliver v. United States

Supreme Court of the United States
Argued November 9, 1983
Decided April 17, 1984

Full case name: Oliver v. United States
Docket #: 82-15

Citations: 466 U.S.
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Oliver v. United States

United States v. Dunn 480 U.S. 294 (1987) is a U.S. Supreme Court decision relating to the open fields doctrine limiting the Fourth Amendment of the U.S. Constitution.
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United States v. Hatch (931 F.2d 1478 (11th Cir.), cert. denied, 502 U.S. 883 (1991)) is a United States Court of Appeals for the Eleventh Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution.
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United States v. Burton (894 F.2d 188 (6th Cir.), cert. denied, 498 U.S. 857 (1990)) is a United States Court of Appeals for the Sixth Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution.
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United States v. Pace (955 F.2d 270 (5th Cir.), cert. deniedÂ¸ 502 U.S. 883 (1992)) is a United States Court of Appeals for the Fifth Circuit court decision relating to the open fields doctrine limiting the scope of the Fourth Amendment of the U.S. Constitution.
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Expectation Of Privacy

Information about Expectation Of Privacy

Distinguishing open fields from curtilage

References

See also