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Essay

Fourth Amendment Exceptions

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Issue:

Miscellaneous

 

Written by:

David B

 

Date added:

April 7, 2014

 

Level:

University

 

Grade:

A

 

No of pages / words:

11 / 2841

 

Was viewed:

4805 times

 

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Essay content:

The Maine Judicial Court held that "No Trespassing" signs posted around the Oliver property "evinced a reasonable expectation of privacy," and therefore the court held that the "open fields" doctrine was not applicable to the Oliver case. Upon hearing the case, the Supreme Court argues that the special protections accorded by the fourth amendment do not extend to open fields...
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"Open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance." The court refers to the case of Hester v. United States (1924) which set the precedent for "open field cases" and interprets that case to imply that "an individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home...
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