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4th Amendment - Crim Pro

Terms in this set (22)

A criminally actionable trespass upon open fields of a private home is NOT a search for which a warrant would otherwise be required under the 4th Amendment Constitution of the United States in that an individual does not have a reasonable expectation of privacy over areas which are exposed to the public and which are not otherwise located within the curtilage of the home.
Oliver v. United States[EG1] , (Powell, J.)(explaining that the fact the trespass might have been actionable at common law does not mean it is a 4th Amendment search).

When an individual's property, papers, and effects reside outside the curtilage of the home they are not afforded a reasonable expectation of privacy and thus will not be protected from unreasonable search and seizures under the 4th Amendment of the United States Constitution.

To determine whether an area is the curtilage of the home the court considers the following factors: 1) the proximity of the area claimed to be curtilage to the home, 2) whether the are included an enclosure surrounding the home, 3) the nature of the uses to which the area is put, and 4) the steps taken by the resident to protect the area from observation by people passing by. United States v. Dunn[EG2] (White, J.).
Here, ...
They shortly obtained a warrant authorizing installation of miniature electronic transmitters tracking devices, or "beepers" in an electric hot plate sitter, a drum of acetic anhydride, and a container holding phenylacetic acid, a precursor to phenylacetone. ALL of these items had been ordered by Carpenter.

Agents then tracked Carpenter's truck and aerial photos of the ranch property showed Carpenter's truck backed up to a barn behind the ranch house. Agents also receive transmission signals form the beeper in the hot plater stirrer from the ranch property.

The ranch was approx. 198 acres, and completely encircled by a perimeter fence. The ranch's residence was located 1 mile form a public road. A fence encircled the house and a nearby small green house. TWO barns were located approximately 50 yards form this fence. The front of the larger of the wo barns was enclosed by a wooden fence and ha an open overhand. Locked, waist-high gates barred entry into the barn proper, and netting material stretched from the ceiling to the top of the wooden gates.
DEA made a warrantless search. DEA crossed over the perimeter fence and one interior fence. DEA agents then proceeded to peak over the two barns. And on another occasion, they came back to enter the barn to confirm the presence of a phenylacetone laboratory.
A warrant was issued to search the ranch. Respondent then was arrested.