Open Fields Doctrine Essay Example for Free

Open Fields Doctrine EssayOne of the exceptions to the search and seizure law which enables law of nature officers to conduct warrantless search and seizure proceedings, especially in criminal cases, is the Open Fields Doctrine. Under this doctrine, the proprietor of any object found out of doors where it could be plainly seen by anybody who is standing on his or her foot, from inside any motor vehicle, or from a low-flying aircraft, could not seek the privacy protective cover down the stairs the Fourth Amendment.In other words, even if a residential unit is protected by a consider, the ground inside the postulate is still considered an open field if there are cracks in the fence through which anybody can easily peep and see objects located inside the fence. The same is true when the fence is low enough for people to see brightenly inside the fenced-in ground without the need to stand on their toes or on top of any object in order to have a clear line of sight.Considered o pen fields are streets, sidewalks, any bodies of water, outdoor fields, or even the curtilage of a fenced-in residential building as long as said curtilage could be observed by people outside the fence. This doctrine was established by the united States Supreme Court in Hester v. United States where it ruled that the Fourth Amendment did not protect open fields and that, therefore, police searches in such areas as pastures, wooded areas, open water, and vacant lots are legal even without search warrants (Cornell University justness School).A curtilage refers to any area near a residential unit which was cover by the possessor for the purpose of shielding from public view any or all family activities considered intimate or private. A curtilage, therefore, is also considered a persons home as far as the Fourth Amendment protection from unwarranted and unreasonable search and seizure proceedings is concerned. In United States v. Dunn, 480 U. S.294 (1987), the Court ruled that befo rehand determining whether an area is actually a curtilage, four factors should be considered its proximity to the house if the house is enclosed by a fence, whether, said area was included in the fenced-in area whether the area is actually utilize for intimate family activities and whether the owner of the house exerted enough efforts to shield the activities being conducted in the area from public view.ReferencesCornell University Law School. FOURTH AMENDMENT SEARCH AND SEIZURE. Retrieved June 1, 2010, from http//www. law. cornell. edu/anncon/html/amdt4frag3_user. html USLegal Definitions. Curtilage Law Legal Definition. Retrieved June 1, 2010, from http//definitions. uslegal. com/c/curtilage/