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网页By James Leonard, Published on 03/01/85

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网页In Hester v. United States, 1 the Court held that the Fourth Amendment did not protect “open fields” and that, therefore, police searches in such areas as pastures, wooded …

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网页CRIMINAL PROCEDURE-OLIVER AND THE OPEN FIELDS. DOCTRINE-Oliver v. United States, -U.S. -, 104 S. Ct. 1735 (1984). INTRODUCTION. In recent years, uncertainty has arisen concerning the vitality of the open fields doctrine developed in Hester v. United States.' In Hester, the United States Supreme Court adopted a per se rule

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网页basically, the open fields doctrine dictates (based on the fourth amendment in conjunction with supreme court and appellate precedent since then) that the burden of proof/probable cause necessary to enter/inspect open fields and other land without a warrant or the explicit consent of the land owner/renter is a lot lower than it would be for a …

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网页Jan 08, 2009·United States, 265 U.S. 57, 59, 44 St. 445, 68 L.Ed. 898 (1924), the Supreme Court first held that the protection of the Fourth Amendment did not extend to open fields. In that case, revenue officers went to Hester's house and observed an illegal moonshine transaction from fifty to one-hundred yards away on Hester's land. Id. at 58, …

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网页A.) The officers has to be there legally. B.) Item may be seized without a warrant. C.) Items has to be recognizable as subject to seizure. Are items in plain view protected by the Fourth Amendment guarantee a against unreasonable searches and seizures. Yes. Is probable cause or a warrant necessary for a valid seizure in the plain view doctrine.

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Chapter 13 Plain View and Open Fields Searchers - Quizlet

网页A.) The officers has to be there legally. B.) Item may be seized without a warrant. C.) Items has to be recognizable as subject to seizure. Are items in plain view protected by the Fourth Amendment guarantee a against unreasonable searches and seizures. Yes. Is probable cause or a warrant necessary for a valid seizure in the plain view doctrine.

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