Category Archives: Open fields

D.S.D.: SW for shallow grave didn’t describe location well enough to easily find it, but GFE applies

The warrant’s direction to search for a shallow grave was not particularly described, and it was found a mile away from where the warrant directed. The attachment wasn’t incorporated. Still, however, the good faith exception applies. This was negligent at … Continue reading

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OH3: In flyover case, def carries burden of showing a “search” and violation of FAA rules

In a helicopter flyover case, defendant carried the burden of showing that the police conducted a “search” that violated his reasonable expectation of privacy by flying too low in violation of FAA rules. He didn’t here; remanded. State v. Jordan, … Continue reading

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MI: REP in def’s barns despite being a distance from home

Defendant had a reasonable expectation of privacy in two barns on his farm, one locked and one unlocked with the door partially open. Curtilage to the home doesn’t matter. A later search warrant only described the home and not the … Continue reading

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D.Neb.: Officer’s personal knowledge of the accused and the place to be searched is sufficient for PC

“In short, if the source of the information here had been a citizen-informant rather than a law enforcement officer, this assertion of personal knowledge by a known informant, under oath and personally present before the clerk-magistrate, combined with corroborating details … Continue reading

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MS: Open fields covered by state const.; warrant required for administrative search

A warrant is required for administrative searches under the Mississippi constitution, which also protects all land owned by the complainant, including open fields. Plain view is inapplicable here. The exclusionary rule applies to this administrative search and seizure. Okhuysen v. … Continue reading

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CA8: A car with a flat tire is still inherently mobile for automobile exception

“The officers indisputably had probable cause to search Short’s vehicle, and an easily repairable flat tire did not cause the vehicle to lose its inherent mobility.” United States v. Short, 2021 U.S. App. LEXIS 19242 (8th Cir. June 29, 2021). … Continue reading

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CA4: Baltimore’s aerial surveillance program doesn’t violate 4A

Baltimore PD’s Aerial Investigative Research program (AIR) does not violate the reasonable expectation of privacy of Baltimore residents, and denial of the preliminary injunction is affirmed on appeal. Leaders of a Beautiful Struggle v. Baltimore Police Dep’t, 2020 U.S. App. … Continue reading

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D.C.Cir.: Alleged seizure of open fields not a 4A claim, but it is a 5A claim

The North American Butterfly Association sued the federal government over a part of the Mexican border wall on their butterfly preserve being Fourth and Fifth Amendment claims. Their Fourth Amendment claim is dismissed because it involves alleged seizure of open … Continue reading

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techdirt: Fourth Circuit Appeals Court Seems Skeptical That Baltimore’s Aerial Surveillance System Violates The Fourth Amendment

techdirt: Fourth Circuit Appeals Court Seems Skeptical That Baltimore’s Aerial Surveillance System Violates The Fourth Amendment by Tim Cushing (“The legal fight over Baltimore’s aerial surveillance system continues. Airplanes armed with powerful cameras fly constantly over the city, allowing law … Continue reading

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St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis

St. Louis Public Radio: Baltimore’s Aerial Surveillance Could Offer Preview For St. Louis by Emily Woodbury (“Last October on St. Louis on the Air, the CEO of the Ohio-based company Persistent Surveillance Systems described his wish to bring the company’s … Continue reading

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CNN: Police used drones to monitor nudity at a Minnesota beach

CNN: Police used drones to monitor nudity at a Minnesota beach by Jay Croft (“Police near Minneapolis used drones last week to check if sunbathers at a lakeside beach were breaking the law by going nude or topless. The Golden … Continue reading

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Nat’l L. Rev.: The Constitution Protects Faces in the Crowd

Nat’l L. Rev.: The Constitution Protects Faces in the Crowd by Theodore F. Claypoole (“Unlimited law enforcement application of facial recognition software to surveillance footage is an unreasonable search and a violation of Constitutional rights for people in a peaceful … Continue reading

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Lawfare: Did a Government Drone Flight Over a Protest Violate the Fourth Amendment?

Lawfare: Did a Government Drone Flight Over a Protest Violate the Fourth Amendment? by Nathaniel Sobel (“On May 28, protestors in Minneapolis demonstrated late into the night against the killing of George Floyd and police brutality. The next day, on … Continue reading

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FL1: Officers crossing protected lands to get to unprotected lands to make a plain view doesn’t justify exclusion

“Police entered protected property to get to unprotected property to make an observation in open fields. That prior unlawful intrusion doesn’t justify exclusion. “Florida law is relatively clear whether to suppress evidence discovered on a person’s property during an officer’s … Continue reading

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MS: Def was in open fields when he encountered wildlife officers and admitted he had meth on him

On the opening day of dove hunting season, wildlife officers were out. They heard shooting from open lands and went to investigate. They encountered defendant and another, and defendant tossed a bag aside when officers approached him. They asked what … Continue reading

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W.D.Tenn.: Putting a wildlife camera on ptf’s open fields wasn’t a violation of the 4A

Officers putting a wildlife camera on plaintiff’s open fields wasn’t a violation of the Fourth Amendment. Hollingsworth v. Tenn. Wildlife Res. Agency, 2019 U.S. Dist. LEXIS 181311 (W.D. Tenn. Oct. 21, 2019):

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Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone by Walter Olson:

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VT reaffirms state const’l REP in posted open fields

Vermont’s state constitution grants a reasonable expectation of privacy to open fields posted with no trespassing signs. A game warden (vested by state law with all law enforcement powers) violated defendant’s reasonable expectation of privacy by entering upon his posted … Continue reading

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D.Me.: Where a couple shared a closet, her apparent authority extended to whole closet, not just his side

Defendant and his girlfriend shared a closet where they were staying, and she had apparent authority to consent to a search of the whole closet, not just her side of it. United States v. Lawson, 2018 U.S. Dist. LEXIS 137966 … Continue reading

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CA2: Def’s yard in Staten Island was curtilage; there is curtilage even in an urban area

A yard of house in Staten Island was search by NYPD at 3:30 am. The Second Circuit finds the search violated the curtilage. The yard qualifies under Dunn and Jardines. United States v. Alexander, 2018 U.S. App. LEXIS 11093 (2d … Continue reading

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