LEGAL

RESEARCH

Use of Force
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The Sixth Amendment Right to Counsel
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- Critical Stages - Lineups
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The Fourth Amendment: What is a Search?
- Abandoned Property
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  - Walter v. United States
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  - Atwater v. City of Lago Vista
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- Origins

Open Fields & Curtilage

Oliver v. United States

Facts

Narcotic agents, acting on a report that marijuana was being grown on the defendant’s farm, went there to investigate. They drove past the defendant’s house to a locked gate with a “no trespassing” sign, but with a footpath around the gate on one side. The agents walked around the gate and along the footpath and found a field of marijuana over a mile from the defendant’s house.

Issue

Whether the officers’ observations were made from the open field?

Held

Yes. The officers’ observations were made from an area in which the defendant did not have the ability to challenge.

Discussion

Steps taken to protect privacy, such as planting the marijuana on secluded land and erecting fences and “No Trespassing” signs around the property, do not necessarily establish an expectation of privacy in an open field. Open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government intrusion or surveillance.

Citation

466 U.S. 170, 104 S. Ct. 1735 (1984)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege