Open Fields Doctrine Essay Example for Free

Open Fields Doctrine Essay One of the special cases to the pursuit and seizure law which empowers cops to lead warrantless hunt and seizure procedures, particularly in criminal cases, is the Open Fields Doctrine. Under this tenet, the proprietor of any item discovered of entryways where it could be clearly observed by anyone who is remaining on their foot, from inside any engine vehicle, or from a low-flying airplane, couldn't look for the security insurance under the Fourth Amendment. At the end of the day, regardless of whether a private unit is secured by a fence, the ground inside the fence is as yet thought to be a â€Å"open field† if there are splits in the fence through which anyone can without much of a stretch peep and see objects situated inside the fence. The equivalent is genuine when the fence is low enough for individuals to see plainly inside the fenced-in ground without the need to remain on their toes or on any article so as to have an away from of sight. Considered open fields are boulevards, walkways, any waterways, open air fields, or even the curtilage of a fenced-in private structure insofar as said curtilage could be seen by individuals outside the fence. This convention was set up by the United States Supreme Court in Hester v. US where it decided that the â€Å"Fourth Amendment didn't secure ‘open fields’ and that, hence, police look in such regions as fields, lush zones, vast water, and empty lots† are lawful even without court orders (Cornell University Law School). A curtilage alludes to any region almost a private unit which was encased by the proprietor to shield from general visibility any or all family exercises thought about cozy or private. A curtilage, in this way, is likewise viewed as a person’s home similarly as the Fourth Amendment insurance from ridiculous and irrational hunt and seizure procedures is concerned. In United States v. Dunn, 480 U. S. 294 (1987), the Court decided that before deciding if a region is really a curtilage, four components ought to be thought of: its vicinity to the house; if the house is encased by a fence, regardless of whether, said zone was remembered for the fenced-in zone; whether the territory is really utilized for personal family exercises; and whether the proprietor of the house applied enough endeavors to shield the exercises being led in the zone from general visibility. References Cornell University Law School. FOURTH AMENDMENT SEARCH AND SEIZURE. Recovered June 1, 2010, from http://www. law. cornell. edu/anncon/html/amdt4frag3_user. html USLegal Definitions. Curtilage Law Legal Definition. Recovered June 1, 2010, from http://definitions. uslegal. com/c/curtilage/