Path: Xl.tags.giganews.com!local-2.nntp.ord.giganews.com!news.giganews.com.POSTED!not-for-mail NNTP-Posting-Date: Tue, 21 May 2024 18:36:04 +0000 From: BTR1701 Newsgroups: rec.arts.tv Subject: Re: "Open fields" doctrine References: User-Agent: MT-NewsWatcher/3.5.3b3 (Intel Mac OS X) Date: Tue, 21 May 2024 11:45:37 -0700 Message-ID: Lines: 32 X-Usenet-Provider: http://www.giganews.com X-Trace: sv3-i2TcX36N4U+jhw787DLqfKdeHJ9+1JbLqcTgX07HKf4eYH/ZRmWLJpJT9fd2DfvRXrabnc5xBrdBepP!dhL5/DisH5lwXmMLOoV8tfmR7O87iN0Z48O4k3qbFeHOiuFFIn9JayPY9CLqUg3h1G+ZVZkn40Md!5n8= 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: 2578 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.