Re: "Open fields" doctrine

On Tue, 21 May 2024 11:45:37 -0700
BTR1701 <atropos@mac.com> wrote:

In article <v2iju7$mhk3$1@dont-email.me>,
 "Adam H. Kerman" <ahk@chinet.com> wrote:
 

Recently, I started two different threads that addressed issues
related to warrantless search and seizure. Other related concepts
are the exclusionary rule and the extent to which this applies in
criminal matters or certain civil matters as well. Furthermore, is
there a relationship between warrantless search and seizure and the
law of trespass?
 
The "plain view" doctrine wasn't at issue in these situations
because the contraband or building code/zoning violation wasn't
obvious without the trespass.
 
In one thread, the landowner lost on appeal. He had no expectation
of privacy from drone overflights gathering evidence of code
violations in a situation in which the landowner had previously
agreed to comply with code but had never agreed to continuing
inspections.
 
In another thread, the landowner won a partial victory in which
state game wardens could not trespass to place wildlife cameras
hoping to catch hunting violations.
 
Where does the landowner have an expectation of privacy? Where the
"open fields doctrine" applies, he has no expectation of privacy. 

 
But a landowner does still have legal dominion and control over the
property, so while he may not have a right to privacy in those open
fields, he does have the legal right to evict trespassers as he finds
them. So if he comes across a cop trespassing on his land, while he
may not have a privacy or 4th Amendment claim against the cop, he
does have the legal right to tell him to get the hell off his land.

Can the cop gather evidence on his way to the edge of the property,
such as marijuana plants? What can the landowner do if the cop doesn't
skedaddle promptly? Call the cops? Shoot the cop for trespassing?

--
Rhino