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).
These factors are important to criminal law, because they can be the difference to whether or not an area located outside a home is protected under the Fourth Amendment. The four factors are as follows:
1. “The proximity of the area claimed to be curtilage from the home.
2. Whether the area enclosed is enclosed with the home.
3. The nature of the use of the area.
4. The attempts of the residents to keep the area private” (Hall, 2014, p 429).
Technology allows law enforcement to conduct airborne surveillance, which has raised question concerning curtilage and the open fields doctrine. A federal court has stated other factors need to be considered such as how high the aircraft is, physical description of things being observed, what is the area’s intended use, how many flights occur over the area, and how often these flights occur and last (Hall, 2014). This is important in criminal law because even though curtilage is protected under the Fourth Amendment, the U.S. Supreme Court did uphold surveillance from an aircraft of a fenced in yard (Hall, 2014).
Reference:
Hall, D. E. (2014). Criminal Law and Procedure. Retrieved from https://www.betheluniversityonline.net/.
These factors are important to criminal law, because they can be the difference to whether or not an area located outside a home is protected under the Fourth Amendment. The four factors are as follows:
1. “The proximity of the area claimed to be curtilage from the home.
2. Whether the area enclosed is enclosed with the home.
3. The nature of the use of the area.
4. The attempts of the residents to keep the area private” (Hall, 2014, p 429).
Technology allows law enforcement to conduct airborne surveillance, which has raised question concerning curtilage and the open fields doctrine. A federal court has stated other factors need to be considered such as how high the aircraft is, physical description of things being observed, what is the area’s intended use, how many flights occur over the area, and how often these flights occur and last (Hall, 2014). This is important in criminal law because even though curtilage is protected under the Fourth Amendment, the U.S. Supreme Court did uphold surveillance from an aircraft of a fenced in yard (Hall, 2014).
Reference:
Hall, D. E. (2014). Criminal Law and Procedure. Retrieved from https://www.betheluniversityonline.net/.