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All main topics / Law / Criminal Law / 4th Amendment Cases
10
Oliver
Open fields doctrine; society not ready to recognize that privacy interest.


o New Analysis – there is no REP in open fields
            Empirical – trespass into open fields occurs often
           
Normative – privacy value is high and arguably the value 
                                      to law enforcement is high

o Dissent – there can be an expectation of privacy in open fields because they include private wooded areas for nature walk, lover’s meeting, religious gathering, etc.  Also there were efforts to guard the land

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Flashcard info:
Author: tjkoger
Main topic: Law
Topic: Criminal Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009

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