Preview

The Pros And Cons Of Open Field

Satisfactory Essays
Open Document
Open Document
315 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Pros And Cons Of Open Field
Curtilage is the immediate area surrounding persons home (Hall, 2014). This area is considered part of the home and is afforded the protections of the Fourth Amendment (Hall, 2014). Open fields is a doctrine that states certain areas around ones home are not considered curtilage, and therefore these areas are not afforded the same protections under the Fourth Amendment (Hall, 2014). The U.S. Supreme Court has stated the areas considered to be open fields are areas law enforcement can encroach on without having to obtain a warrant (Hall, 2014). The U.S. Supreme Court heard the case, United States v. Dunn, and developed four factors that help decide what area are treated as curtilage and what areas are considered open fields (Hall, 2014).
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Case Law: Payton V. New York
    • 397 Words
    • 2 Pages

    Case Law: Payton V. New York

    Sometimes an arrest has to be made in a protected place such as someone’s home. Under the Fourth Amendment, people have the right to be secure in their homes (Hall, 2014). Therefore they are protected places and a warrant would be required to legally enter and make an arrest unless the officer could justify an exception (Hall, 2014). The Fourth Amendment also specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall, 2014). It further stipulates that people to be seized must be specifically addressed in the warrant (Hall, 2014).…

    • 397 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Mapp V. Ohio Case Study
    • 1111 Words
    • 5 Pages

    Mapp V. Ohio Case Study

    Justice Black also believes the command that no unreasonable searches or seizures be allowed is too little to infer such a large decision. With these differences aside Justice Black feels that along with previous court decisions that the "Fourth Amendment's ban against unreasonable searches and seizures is considered together with the Fifth Amendment's ban against compelled self-incrimination, a constitutional basis emerges which not only justifies, but actually requires the exclusionary…

    • 1111 Words
    • 5 Pages
    Powerful Essays
    Read More
  • Good Essays

    Cheetum Case Summary
    • 938 Words
    • 4 Pages

    Cheetum Case Summary

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. amend. IV…

    • 938 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Pros And Cons: Turf Fields Vs. Natural Grass
    • 601 Words
    • 3 Pages

    Pros And Cons: Turf Fields Vs. Natural Grass

    There has been a debate about the use of synthetic turf fields or natural grass fields in outdoor athletics for several years now. Some say synthetic turf is easier to take care of and requires less maintenance while some think it is the other way around. There is also a debate about the cost of both of these selections that has high school and college schools contemplating what would be in their best benefit in the long run, not just for the students but, for the the community and school board.…

    • 601 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Charles Katz Case
    • 513 Words
    • 3 Pages

    Charles Katz Case

    First, does the right to privacy extend to public telephone booths and public places? And secondly, is a physical meddling necessary to establish a search? Since there is a question at hand over constitutional rights the Supreme Court took these matters into their own hands. “The Government's eavesdropping activities violated the privacy upon which petitioner justifiably relied while using the telephone booth, and thus constituted a "search and seizure" within the meaning of the Fourth Amendment.” (Supreme Court Cases). It is said that the government illegally convicted and charged Katz by using his own conversation as evidence against him. The Fourth Amendment governs not only the seizure of concrete items, but also carries on to the recording of oral statements and conversation and in this case conversation via telephone. The Court voted 7-1 in Katz’s favor with Justice Black in dissent. The government in arguing against Katz, made clear that the phone booth was made partly of glass, leaving Katz visible to the public. The Court rebutted saying that what Katz didn’t seek to disregard that when he stepped in the booth was not the “intruding eye-it was the uninvited ear.” On behalf of the majority, Justice Stewart wrote, “One who occupies [a telephone booth], shuts the door behind him, and pays the toll that permits him to place a call is surely entitled to assume that the words he utters into the mouthpiece will not be broadcast to the world." Every detail was extremely important in the case especially the fact that he shut the door in the booth, making private conversation okay in public areas. Justice Douglas and Brennan concurred with the same reasons whereas Justices Harlan and White concurred but with differing…

    • 513 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Fourth Amendment Reasonableness
    • 1186 Words
    • 5 Pages

    Fourth Amendment Reasonableness

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Hudson, 2010, p.363). In this essay we will explore what is reasonableness under the Fourth Amendment. A discussion of consensual encounters vs. detentions concerning search and seizure, we will also discus important cases that shape the fundamentals procedures of search and seizure.…

    • 1186 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    The Many Benefits Of Open-Ended Play
    • 132 Words
    • 1 Page

    The Many Benefits Of Open-Ended Play

    There are many benefits to open-ended play. Imagination is enhanced, and the ability to think symbolically and abstractly builds creativity and intelligence. Social and emotional abilities are development as children role- play with “what –if” possibilities that strengthen their understanding of the world around them and consequence to actions. They also learn empathy, cooperation, problem solving, and leadership skills through make- believe play. The creative nature of open-ended play also enhances cognitive skills, such as working memory, cognitive flexibility, and self-regulation. Self-regulation is the ability to control emotions and behaviour, resist impulses, and exert self-control and discipline. Open-ended play activities have been…

    • 132 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Pros And Cons Of The Frontier
    • 532 Words
    • 3 Pages

    Pros And Cons Of The Frontier

    The frontier has always represented a part of American culture. The idea of moving west fundamentally created the identity of the United States. America overcame the Proclamation of 1763, Manifest Destiny accelerated expansion, and finally the Homestead Act promoted the movement towards the Pacific. Frederick Turner’s Frontier Thesis stated that the expanse of land beyond the eastern cities would act as a safety net for the tensions affecting the crowded seaboard, and to a degree, Turner was correct.…

    • 532 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    greenwood
    • 269 Words
    • 2 Pages

    greenwood

    Justice BYRON R. WHITE, for a 6–2 Court, held that the FOURTH AMENDMENT'S prohibition againstUNREASONABLE SEARCHES and seizures does not apply to those who leave their sealed trash outside their curtilage for collection by the trash collector. In this case, an observant police-woman, suspecting Greenwood of dealing in narcotics, obtained the trash collector's cooperation and found enough incriminating EVIDENCE to establish PROBABLE CAUSE for a search of the residence. This evidence was used to convict him. The question was whether the initial WARRANTLESS SEARCH of the trash violated the Fourth Amendment. The Court ruled that those discarding their trash by placing it on the street for collection abandoned any REASONABLE EXPECTATION OF PRIVACY they might otherwise have. The two dissenters believed that the warrantless investigation of the trash constituted an appalling invasion of privacy.…

    • 269 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Supreme Court Decisions
    • 833 Words
    • 4 Pages

    Supreme Court Decisions

    The Fourth Amendment to the U.S. Constitution states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth Amendment). The text of the Fourth Amendment does not define exactly what “unreasonable search” is. The framers of the constitution left the words “unreasonable search” open in order for the Supreme Court to interpret. Hence, by looking at the text of the Fourth Amendment, the words “unreasonable search” is very ambiguous and it’s the job of the Supreme Court to delineate the ambiguity of the words. In the case Katz v. United States, 389 U.S. 347 (1967), Katz was convicted of illegal wagering based on evidence obtained by attaching a small listening and recording device to the exterior of a public telephone booth that he regularly used for wagering calls (Kanovitz, 2010, p.268). The Supreme Court found that Katz’s Fourth Amendment right was violated by declaring,…

    • 833 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Law 304 Midterm
    • 804 Words
    • 4 Pages

    Law 304 Midterm

    11. Interpretations of aspects of the right to privacy are often found in: (Points : 1)…

    • 804 Words
    • 4 Pages
    Better Essays
    Read More
  • Better Essays

    Interference with Property
    • 1501 Words
    • 7 Pages

    Interference with Property

    There are four main sections under which intentional interference with property can be broken into; Trespass to Land, Nuisance, Trespass, to Chattels, and Conversion, each put in place to preserve the rights each citizen has when it comes to privacy.…

    • 1501 Words
    • 7 Pages
    Better Essays
    Read More
  • Powerful Essays

    Advantages of Retaining Forst Reserve in Cities
    • 1817 Words
    • 8 Pages

    Advantages of Retaining Forst Reserve in Cities

    Forest reserve is an area under state control for the exclusive protection of floral and faunal resources and any of conflicting activities or land uses are prohibited including any form of fishing, any development related to forestry, agriculture or mining, grazing, excavation, prospecting, drilling, leveling off the ground or construction or vegetational character, any form of pollution, and any act which harms or disturbs the flora and fauna including the introduction of indigenous or imported wild or domesticated zoological or botanical species (p.108).…

    • 1817 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Better Essays

    Covering the Field
    • 944 Words
    • 4 Pages

    Covering the Field

    1.3 .When a court and judge that a federal covers the field , What will be the effect?…

    • 944 Words
    • 4 Pages
    Better Essays
    Read More
  • Good Essays

    Phil. Consti. Art. 3
    • 2670 Words
    • 11 Pages

    Phil. Consti. Art. 3

    The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.…

    • 2670 Words
    • 11 Pages
    Good Essays
    Read More

Related Topics