Law & Sovereignty

Open Fields Doctrine vs Fourth Amendment

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  • #391489

    Dorothy
    Member

    Im wondering what actually is the doctrine?

    • #391512

      maryschurr
      Member

      @dorothy.mandel , here is the basic part without copying too much of the document. You will probably need to use the download feature to read it or so it seems. Hopefully, this helps…
      “The Supreme Court instituted the “open fields doctrine” through a
      series of decisions beginning in 1924. This doctrine interprets the
      Fourth Amendment to the U.S. Constitution as giving the government
      carte blanche access to billions of acres of private property—in other
      words, Fourth Amendment protection doesn’t extend to open fields.”

  • #391520

    Dorothy
    Member

    Thanks for that. As far as I can tell it is the curtilage or area around a property and not the actual privately owned property so I’m a bit confused tho have not seen entire doctrine and likely could not translate or make sense of it if I did. I’m hoping someone who has understands is looking at original doc.

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