Category Archives: Open fields

ME: DEP could enter open fields to inspect composting operation

The state Department of Environmental Protection sought an injunction against the livestock business to get it to stop denying access to the business property for inspection of its composting operation. Because the area to be inspected was open fields, the … Continue reading

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CA3: Entry onto ptfs’ rural land to serve a small claims complaint was over open fields

Defendant is a deputy sheriff who had a summons and complaint for a small claims case. He came by plaintiffs’ rural property three prior times to serve it. They lived on 75 acres and the house and a law office … Continue reading

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OH7: Wooded area behind house was open fields, not curtilage

The area where defendant’s grow operation was found was not curtilage. It was a long distance from the house in a wooded area, and it was in “open fields.” State v. Hambleton, 2017-Ohio-7561, 2017 Ohio App. LEXIS 3876 (7th Dist. … Continue reading

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E.D.Tex.: “The open fields doctrine allows searches based upon only visual observation.” Using a board to stir a tank was a search

A US Fish and Wildlife officer “interviewed Josh Monceaux who revealed that Williams fishes for and catches alligator snapping turtles in Texas and then sells them from his home in Elton, Louisiana. Monceaux also reported that Williams [G]oogle [E]arth* image … Continue reading

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WI: Are “open fields” on private property “public places” for officers committing a trespass?

WI holds that defendant as entitled to a self-defense instruction when he encountered two game officers on his property and thought they were trespassers. The concurring opinion concentrates on the intrusion into “open fields” and whether the state can treat … Continue reading

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OH5: Helicopter flyover discovery of MJ plants didn’t justify warrantless entry into curtilage; open fields search valid

The helicopter flyover of defendant’s property gave probable cause but no exception to the warrant requirement. The officers could enter up the driveway, and then consent to enter was given. The marijuana plants in the woods were in open fields. … Continue reading

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CA10: Bee inspector gets QI for search of apiary apparently in open field and because of unsettled questions of law

Utah bee inspector gets qualified immunity for the administrative inspection of plaintiff’s apiary because of unsettled questions, the fact the apiary was in open fields, and the lack of clearly established law. Cox v. Cache County, 2016 U.S. App. LEXIS … Continue reading

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MO: Chicken coop inside barbed wire fence tho 100′ from house within curtilage

Defendant’s chicken coop with drugs inside was a fair distance from the house, but it was still within the curtilage. Applying all the Dunn factors, they favor defendant. It was inside a primary barbed wire fence and the contents weren’t … Continue reading

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Bloomberg Businessweek: Secret Cameras Record Baltimore’s Every Move From Above

Bloomberg Businessweek: Secret Cameras Record Baltimore’s Every Move From Above by Monte Reel: Since January, police have been testing an aerial surveillance system adapted from the surge in Iraq. And they neglected to tell the public.

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HI: Four flyovers of def’s house violated curtilage and REP under state constitution

Four police flyovers of defendant’s house, one at 420′, was not a search under the Fourth Amendment, but it was unreasonable under the Hawai’i Constitution. 20-25 marijuana plants were seen in the flyover. Driving by the residence, however, no plants … Continue reading

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