Category Archives: Open fields

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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ME: State DEP doesn’t need a warrant to enter lands to look for noxious odors

The state Department of Environmental Protection gets an order permitting it to enter defendant’s lands at “reasonable hours” to inspect for the source of noxious odors. There is no warrant requirement for lands as opposed to buildings. State v. Dubois … Continue reading

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OH4: No reasonable expectation from a snitch coming into one’s home and recording a drug sale

There is no reasonable expectation from a snitch coming into one’s home and recording a drug sale. By letting the snitch in, defendant assumed the risk. State v. Taylor, 2016-Ohio-2781, 2016 Ohio App. LEXIS 1644 (4th Dist. April 27, 2016). … Continue reading

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Microsoft reports child porn in OneDrive accounts

Microsoft found child pornography in a folder saved by defendant on its cloud service, and it reported it to NCMEC. Law enforcement was afraid to contact him directly because he might delete images, so they found he was on probation … Continue reading

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KY: Def’s trailer in the woods was observed from open fields; no crossing of the curtilage

KSP officers received an anonymous tip defendant was manufacturing methamphetamine on his rural property. They went to the address given to find that it was his mother’s house, and he lived down a gravel road in the woods. They went … Continue reading

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W.D.Va.: VA statute that permitted natural gas companies to survey open fields doesn’t violate Fourth Amendment

Virginia statute that permitted natural gas transmission companies to enter open fields for survey purposes did not facially violate the Fourth Amendment or Virginia Constitution. Charlottesville Div. v. Dominion Transmission, 2015 U.S. Dist. LEXIS 132554 (W.D.Va. September 30, 2015). 2255 … Continue reading

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D.N.H.: No REP from gov’t installing camera on def’s grow operation in the woods

The defendant and a guy named Bain didn’t like each other. Bain hunted on defendant’s property with permission and stumbled upon a few marijuana plants which he reported to the police. Other than defendant’s conclusory statement Bain was an agent … Continue reading

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NE: No reasonable expectation of privacy in unfenced and unoccupied urban lot

Admitting that it has been less than clear in the past, the Nebraska Supreme Court holds that more than just probable cause is required to enter real property. Here, the entry was based on open fields to observe all the … Continue reading

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