Oliver v. United States
Encyclopedia
Oliver v. United States, 466 U.S. 170
(1984), is a United States Supreme Court
decision relating to the open fields doctrine
limiting the Fourth Amendment to the United States Constitution
.
Acting upon a tip that defendant was growing marijuana
on his property, two Kentucky State Police
officers drove onto defendant's land, past his house, up to a gate which was marked with a "no trespass
ing" sign. The officers left their vehicle and walked along a footpath around the gate onto defendant's property and continued down the road for nearly a mile. At that distance from the house, the two officers spotted a large marijuana crop on defendant's property. The defendant was later charged with drug offenses for this cultivation.
At trial the defendant challenged the evidence on Fourth Amendment grounds. After appeals, the Supreme Court affirmed the open fields rule derived from Hester v. United States
(1924), and decided that the officers' actions did not constitute a "search
" under the Fourth Amendment. The Court held:
The Court cited policy reasons for preserving the open fields rule, stating that "open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance." Id at 178. The Court also cited practical considerations as weighing on its decision, since open fields "usually are accessible to the public," and "no trespassing" signs are generally ineffective at "bar[ring] the public from viewing open fields in rural areas," and "the public and police lawfully may survey lands from the air." Id at 178-179. Because of these considerations, the Court declined to accept the defendants' expectation of privacy as one that "society recognizes as reasonable." Id at 178-179.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1984), is a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decision relating to the open fields doctrine
Open fields doctrine
The open fields doctrine is a U.S. legal doctrine created judicially for purposes of evaluating claims of an unreasonable search by the government in violation of the Fourth Amendment of the U.S...
limiting the Fourth Amendment to the United States Constitution
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
.
Acting upon a tip that defendant was growing marijuana
Cannabis cultivation
This article presents common techniques and facts regarding the cultivation of the flowering plant cannabis, primarily for the production and consumption of marijuana buds. Cultivation techniques for other purposes differ...
on his property, two Kentucky State Police
Kentucky State Police
The Kentucky State Police is a department of the Kentucky Justice and Public Safety Cabinet. The department was founded in 1948 and replaced the Kentucky Highway Patrol...
officers drove onto defendant's land, past his house, up to a gate which was marked with a "no trespass
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
ing" sign. The officers left their vehicle and walked along a footpath around the gate onto defendant's property and continued down the road for nearly a mile. At that distance from the house, the two officers spotted a large marijuana crop on defendant's property. The defendant was later charged with drug offenses for this cultivation.
At trial the defendant challenged the evidence on Fourth Amendment grounds. After appeals, the Supreme Court affirmed the open fields rule derived from Hester v. United States
Hester v. United States
Hester v. United States, 265 U.S. 57 , was a decision by the United States Supreme Court, which established the open fields doctrine. In an opinion written by Justice Oliver Wendell Holmes, the court held that "the special protection accorded by the Fourth Amendment to the people in their 'persons,...
(1924), and decided that the officers' actions did not constitute a "search
Search and seizure
Search and seizure is a legal procedure used in many civil law and common law legal systems whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime.Some countries have...
" under the Fourth Amendment. The Court held:
[A]n individual may not legitimately demand privacyExpectation of privacyIn United States constitutional law the expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution...
for activities conducted out of doors in fields, except in the area immediately surrounding the homeCurtilageThe curtilage is an important legal term to define the land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated 'open fields beyond'. It defines the boundary within which a home owner can have a reasonable expectation...
...The [Fourth] Amendment reflects the recognition of the FramersFounding Fathers of the United StatesThe Founding Fathers of the United States of America were political leaders and statesmen who participated in the American Revolution by signing the United States Declaration of Independence, taking part in the American Revolutionary War, establishing the United States Constitution, or by some...
that certain enclaves should be free from arbitrary government interference. For example, the Court since the enactment of the Fourth Amendment has stressed ‘the overriding respect for the sanctity of the home that has been embedded in our traditions since the origins of the Republic.’ Id at 178.
The Court cited policy reasons for preserving the open fields rule, stating that "open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance." Id at 178. The Court also cited practical considerations as weighing on its decision, since open fields "usually are accessible to the public," and "no trespassing" signs are generally ineffective at "bar[ring] the public from viewing open fields in rural areas," and "the public and police lawfully may survey lands from the air." Id at 178-179. Because of these considerations, the Court declined to accept the defendants' expectation of privacy as one that "society recognizes as reasonable." Id at 178-179.
See also
- List of United States Supreme Court cases, volume 466
- Katz v. United StatesKatz v. United StatesKatz v. United States, , is a United States Supreme Court case discussing the nature of the "right to privacy" and the legal definition of a "search." The Court’s ruling adjusted previous interpretations of the unreasonable search and seizure clause of the Fourth Amendment to count immaterial...
(1967) - United States v. DunnUnited States v. DunnUnited States v. Dunn, 480 U.S. 294 , is a U.S. Supreme Court decision relating to the open fields doctrine limiting the Fourth Amendment of the U.S. Constitution.-Investigation:...
(1987)