Search Warrants: "Open Fields" Doctrine
Search warrant issues arise with great frequency in the East Tennessee criminal law context, as law enforcement officials often seize narcotics, weapons, or some other evidence that is extremely damaging to the defendant’s case. As such, the defendant needs to find a way to keep such evidence from getting admitted if possible. The defendant will thus look for a way to argue that the search is unconstitutional and seek to have the evidence excluded. Defendants have a constitutional right to be free from unreasonable searches and seizures of their homes, persons, papers, and effects under the Fourth Amendment to the United States Constitution. Whether a particular area or piece of property falls within these protected categories has often been a subject of contention in criminal cases.
As a result of such a controversy, the United States Supreme Court established what is known as the “Open Fields” doctrine. In Hester v. United States, the Supreme Court ruled that although a person is free from unreasonable seizures with respect to the four categories mentioned above, open fields do not fall within any of those categories. In doing so, the court basically held that a citizen cannot reasonably expect to have a constitutionally protected right of privacy with respect to open fields, in part because it would be near-impossible to safeguard that privacy in many situations.
Open fields are often viewable and accessible by the public with little trouble. Even protections such as fences and “no trespassing” signs do little to keep trespassers off of a parcel of property, especially if it is particularly amenable to some sort of recreational activity, such as hunting or fishing. Thus, the Court concluded, it is simply not reasonable for a property owner to expect the same type of privacy on such land as he or she does with respect to their own home.
This doctrine has been eroded somewhat by a later decision of the Supreme Court in a case styled Katz v. United States, which is the subject of tomorrow’s blog. Search warrant issues, like many Constitutional issues, are complex and persons who feel that their privacy rights have been violated by an illegal search would be wise to consult an experienced criminal defense attorney for assistance in resolving their case.
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