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STATES AREN’T  DUNN  DISAGREEING ON THE FOURTH AMENDMENT STATES AREN’T  DUNN  DISAGREEING ON THE FOURTH AMENDMENT

STATES AREN’T DUNN DISAGREEING ON THE FOURTH AMENDMENT - PowerPoint Presentation

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Uploaded On 2018-02-02

STATES AREN’T DUNN DISAGREEING ON THE FOURTH AMENDMENT - PPT Presentation

Laura Ahrens Jennifer Hammack Georgia College amp State University Federal vs State SCOTUS has held that No Trespassing signs on land an accessible field do not allow an individual to claim an expectation of privacy for activities conducted thereon ID: 627205

fourth area state amendment area fourth amendment state curtilage barn open protected privacy protection people background expectation states field

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Presentation Transcript

Slide1

STATES AREN’T DUNN DISAGREEING ON THE FOURTH AMENDMENT

Laura Ahrens

Jennifer

Hammack

Georgia College & State UniversitySlide2

Federal vs. State

SCOTUS has held that “No Trespassing” signs on land /

an accessible field do not allow an individual to claim an expectation of privacy for activities conducted thereon Slide3

Background: Fourth Amendment

“The right of the people to be secure in their

persons, houses, papers, and effects

, against unreasonable searches and seizures, shall not be violated, and

no warrants shall issue, but upon probable cause

, supported by oath or affirmation, and particularly

describing the place to be searched

, and the persons or things to be seized.”Slide4

Background: Curtilage

The area immediately surrounding a dwelling that counts as an extension of the home for legal purposes (i.e. searches, seizures)

Protected area under the Fourth AmendmentSlide5

Background: Open Field

Anything plainly visible to the eye (even if on private property) is subject to search and seizure

Not a protected area under the Fourth Amendment

No expectation to a right of privacy within an open field areaSlide6

Background: Open Field Doctrine

Hester v. United States

first introduced the concept:

“The special protection accorded by the Fourth Amendment to the people in their ‘persons, houses, papers and effects,’ is not extended to the open fields. The distinction between the latter and the house is as old as the common law”Slide7

Land use – Northern U.S.

Culture

Additional consideration of states’ rights

More accepting of the unconventional or what may appear bizarre/offensive to other states

“The right to be let alone” (

People v. Scott

)Slide8

Land use – Southern U.S.

Culture

More reliance upon federally established precedent

Appear more focused on tradition in order to maintain “reasonable” civil libertiesSlide9

Federal Scope

United States v. Dunn

(1987)

Legal Issue:

Is the area located 50 yards from a fence surrounding a ranch house within the curtilage of the house (for Fourth Amendment purposes)?

Holding: NoSlide10

4 Step Test

Proximity to the (protected) home

2. Within an enclosure surrounding the home

3. Nature and uses of the area

4. Steps taken to protect observation of the area from the public eyeSlide11

Application/Reasoning

1. Barn stood 60 yards from home (substantial distance)

2. Barn was not within an area surrounding the home

3. Barn was not being used for intimate activities associated with the home

4. Little protection from pubic observation in the “open field”Slide12

Interesting Dissent

Justices Brennan and Marshall:

Holding: View the situation and ruling as a violation of Fourth Amendment rightsSlide13

Dissent Reasoning

Majority overlooked the role that a barn plays in rural life and ignores numerous precedent confirming that multiple outbuildings near a house are within the curtilage

“A domestic building constituting an integral part of that group of structures making up the farm home.” -

Walker v. U.S. Slide14

4 Step Test

Distance between home and barn does not remove the barn from curtilage

2. Configuration of fences is irrelevant for the outbuilding in this case

3. Failure of an area to be in domestic use does not deny it from being recognized within curtilage – smell of chemicals/sounds of motor do not remove protection from a protected outbuilding

4. Respondent did in fact take extensive measures to ensure his privacySlide15

State Scope (Northern U.S.)

People v. Scott

(1992)

Legal Issue: Does defendant maintain an expectation of privacy under the Fourth Amendment and Article I, Section 12 of the New York Constitution?

Does the

Oliver

ruling adequately protect fundamental constitutional rights?

___________________________________________

Holdings: Yes / NoSlide16

Reasoning

Whether or not an individual chooses to conceal private activity is irrelevant – the government is clearly infringing upon personal and [state] societal values protected by the Fourth Amendment

“We believe that under the law of this State the citizens are entitled to more protection.” – Judge HancockSlide17

State Scope (Southern U.S.)

Payton v. State

(1985)

Legal Issue: Do the initial intrusions by law enforcement officers constitute illegal searches based on the they were conducted without a search warrant and within the curtilage of defendant’s home?

___________________________________________

Holding: NoSlide18

Reasoning

Court ruled, “No invasion of a legitimate expectation of privacy.”

Relied largely upon the decision in

Oliver v. U.S.Slide19

Effects on individual liberties

Various interpretations have the ability to increase confusion in an already complex judicial system

Although multiple decisions and divergences from precedent add to complexity, ensured civil liberties is certainly a positive aspect of American governmentSlide20

Future Presumptions

More complexity to come: telephones, aerial surveillance, technology (and in homes)

Application of previous federal cases to guide state cases dependent on relevant facts

Predict future cases will be decided in light of a continued (if not increased) desire to maintain civil liberties at a more liberal, reasonable standard