Path: ...!Xl.tags.giganews.com!local-1.nntp.ord.giganews.com!news.giganews.com.POSTED!not-for-mail NNTP-Posting-Date: Tue, 21 May 2024 19:26:11 +0000 From: BTR1701 Newsgroups: rec.arts.tv Subject: Re: "Open fields" doctrine References: <20240521150346.00002b2d@example.com> User-Agent: MT-NewsWatcher/3.5.3b3 (Intel Mac OS X) Date: Tue, 21 May 2024 12:35:44 -0700 Message-ID: Lines: 48 X-Usenet-Provider: http://www.giganews.com X-Trace: sv3-8tbhfUHgZDp2J7OsTVn4w4VwNWEs5I/kNW0qv7qINA3rNPTLkIT/LB2v1IjFG3h+9W1mTyDi29uoSEF!eC7LWE6ZfZBLUGI1m8WsAc9J/YtP1OK7RwXirkfdHUXgmVVotoqaafe1eSZDYKJHCaEYGewl5BTA!Q2s= X-Complaints-To: abuse@giganews.com X-DMCA-Notifications: http://www.giganews.com/info/dmca.html X-Abuse-and-DMCA-Info: Please be sure to forward a copy of ALL headers X-Abuse-and-DMCA-Info: Otherwise we will be unable to process your complaint properly X-Postfilter: 1.3.40 Bytes: 3434 In article <20240521150346.00002b2d@example.com>, Rhino wrote: > On Tue, 21 May 2024 11:45:37 -0700 > BTR1701 wrote: > > > In article , > > "Adam H. Kerman" wrote: > > > > > Recently, I started two different threads that addressed issues > > > related to warrantless search and seizure. Other related concepts > > > are the exclusionary rule and the extent to which this applies in > > > criminal matters or certain civil matters as well. Furthermore, is > > > there a relationship between warrantless search and seizure and the > > > law of trespass? > > > > > > The "plain view" doctrine wasn't at issue in these situations > > > because the contraband or building code/zoning violation wasn't > > > obvious without the trespass. > > > > > > In one thread, the landowner lost on appeal. He had no expectation > > > of privacy from drone overflights gathering evidence of code > > > violations in a situation in which the landowner had previously > > > agreed to comply with code but had never agreed to continuing > > > inspections. > > > > > > In another thread, the landowner won a partial victory in which > > > state game wardens could not trespass to place wildlife cameras > > > hoping to catch hunting violations. > > > > > > Where does the landowner have an expectation of privacy? Where the > > > "open fields doctrine" applies, he has no expectation of privacy. > > > > But a landowner does still have legal dominion and control over the > > property, so while he may not have a right to privacy in those open > > fields, he does have the legal right to evict trespassers as he finds > > them. So if he comes across a cop trespassing on his land, while he > > may not have a privacy or 4th Amendment claim against the cop, he > > does have the legal right to tell him to get the hell off his land. > > Can the cop gather evidence on his way to the edge of the property, > such as marijuana plants? What can the landowner do if the cop doesn't > skedaddle promptly? Call the cops? Shoot the cop for trespassing? It's happened before. Trespassing cops have found themselves looking down the barrel of a rifle, disarmed, and forcefully ejected from private property and when it was all sorted out, the landowner was held to be in the right.