''Oliver v. United States'', 466 U.S. 170 (1984), is a

United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

decision relating to the

open fields doctrine The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a " warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amend ...

limiting the Fourth Amendment to the United States Constitution.

Background

Acting upon a tip that defendant was growing marijuana on his property, two Kentucky State Police officers drove onto defendant's land, past his house, up to a gate which was marked with a "no

trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...

ing" sign. The officers left their vehicle and walked along a footpath around the gate onto defendant's property and continued down the road for nearly a mile. At that distance from the house, the two officers spotted a large marijuana crop on defendant's property. The defendant was later charged with drug offenses for this cultivation. At trial the defendant challenged the evidence on Fourth Amendment grounds.

Opinion of the Court

After appeals, the Supreme Court affirmed the open fields rule derived from '' Hester v. United States'' (1924), and decided that the officers' actions did not constitute a " search" under the Fourth Amendment. The Court held:

individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home...The ourthAmendment reflects the recognition of the
Framers The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention fr ...
that certain enclaves should be free from arbitrary government interference. For example, the Court since the enactment of the Fourth Amendment has stressed ‘the overriding respect for the sanctity of the home that has been embedded in our traditions since the origins of the Republic.’ Id at 178.

The Court cited policy reasons for preserving the open fields rule, stating that "open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance." Id at 178. The Court also cited practical considerations as weighing on its decision, since open fields "usually are accessible to the public," and "no trespassing" signs are generally ineffective at "bar

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the public from viewing open fields in rural areas," and "the public and police lawfully may survey lands from the air." Id at 178-179. Because of these considerations, the Court declined to accept the defendants' expectation of privacy as one that "society recognizes as reasonable." Id at 178-179.

External links

* {{US4thAmendment, scope, state=expanded United States Supreme Court cases United States Fourth Amendment case law 1984 in United States case law United States Supreme Court cases of the Burger Court Cannabis in Kentucky United States controlled substances case law Kentucky State Police

Background

Opinion of the Court

See also

Further reading

External links