This flashcard is just one of a free flashcard set. See all flashcards!
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
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
Flashcard info:
Author: tjkoger
Main topic: Law
Topic: Criminal Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009