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Open Field


Open Field-Under the 4th Amendment of the US Constitution, peoples' right to be secure in their "persons, houses, papers and effects", does not extend to "open fields". Police searches of pastures, wooded areas, vacant lots, and open water, do not require warrants, probable cause, or consent.


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Hester v. US, 265 U.S. 57 (1924)-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.

Oliver v. United States, 466 U.S. 170(1984)-Steps taken to protect privacy on secluded land and erecting fences and "No Trespassing" signs around the property, do not establish that expectations of privacy in an open field are legitimate in the sense required by the Fourth Amendment.

United States v. Dunn, 480 U.S. 294(1987)-The warrantless naked-eye observation of an area protected by the Fourth Amendment from an open field is not unconstitutional.


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Revised: 03/13/07.