1. Criminal Procedure: Theory and Practice, 2d.by
Jefferson L. Ingram

2. CHAPTER 9
Searches of Open Fields and Abandoned Property

3. 1. Introduction to Open Fields: No Expectation of Privacy
Fourth Amendment: Interpreted not to cover an open field.
“thickly wooded area” may qualify as an open field with no expectation of privacy.
Farm fields with “no trespassing” signage and fences: open fields.

4. 2. Genesis of the open fields doctrine: The Hester Case
Hester v. United States (1922) (Case 9.1): no Fourth Amendment violation where federal officers trespassed.
The Hester property: house and fields some distance from public road.
In Oliver v. United States (1984): no violation to drive to farmhouse past “no trespassing” signs to walk around gate.

5. Case 9. 1, Leading Case Brief: Hester v. United States, 265 U. S
Facts: Federal agents arrested Hester for federal alcohol violation after trespassing on his open field property. Agents, who had no search warrant, recovered illegal spirits from broken bottle on Hester’s land near his home. District court found no 4th Amendment violation, Court of Appeals reversed on other grounds. Supreme Court agreed to hear the case.
Issue: Should evidence be suppressed when federal agents trespass private property without a warrant?
Held: No
Rationale: The Fourth Amendment does not extend its protections to open fields where personal property has been abandoned. It covers “persons, houses, papers, and effects” only and does not cover open fields.

6. 3. The Dunn Case and Refining the Concept of the Curtilage
United States v. Dunn (Case 9.2): Fourth Amendment protects houses against unreasonable searches.
Dwelling house and curtilage: Protected under Fourth Amendment.
Barn, 60 yards from home: not covered under concept of curtilage.
Farm field from fence to barn: open field, no constitutional protection, police may intrude.

7. Case 9. 2, Leading Case Brief: United United States v. Dunn, 480 U. S
Facts: Federal drug agents entered on Dunn’s farm across fences to look at the barn. Incriminating evidence discovered supported a probable cause search warrant that revealed illegal activity. Dunn contended that agents violated his 4th Amendment rights by walking on his fields.
Issue: Does a property holder have an expectation that law enforcement agents will not walk on his lands where the fields are fenced?
Held: No
There is no expectation of privacy in an open field where the land holder has taken no special steps to maintain his privacy beyond erecting a fence.

8. 4. Expectation of Privacy and Abandoned Property
General Rule: giving away ownership or abandonment of property, ends privacy in the property.
Abandonment of gun or drugs: no right to complain of search or seizure of item.
Abandonment of right to live in apartment: ends expectation of privacy in apartment or of personal property therein.

9. 5. General Proof of Intent to Abandon
Proof: Intention to abandon property tested by totality of circumstances.
Abandonment: Determined by surrounding circumstances.
Leaving property w/no intention of returning.
Placing personal property in trash.

10. 6. Abandonment of Personal Property
Suspect: discards or drops contraband, indicates intention to abandon.
No expectation of privacy in abandoned drugs, firearms, luggage, or vehicles.
Abandoned property: seizeable and searchable without warrant.

11. 7. ABANDONMENT OF MOTOR VEHICLES.
Once abandoned: no expectation of privacy in vehicle or contents.
Abandonment of car: walked away from vehicle, owned by another, no driver’s license, and owner not present.
Conduct waived any Fourth Amendment rights in car or contents, including cocaine.

12. 8. POLICE MISCONDUCT AND ABANDONMENT OF PERSONAL PROPERTY
Police misconduct: May destroy voluntariness of abandonment.
If wrongful arrest prompts abandonment: may not be free and voluntary decision.
Abandonment prior to custody: considered voluntary, generally

13. 9. ABANDONMENT OF REAL PROPERTY, LAND, HOME AND MOTEL
Requirements: Intent to abandon, actual abandonment, not based on illegal police conduct.
Determined by speech, acts, and conduct.
Abandoned motel room: guest checked out when front desk orally informed and left door key inside room.

14. 10. SUMMARY No expectation of privacy exists in open fields.
To abandon: must be intent to abandon real or personal property.
Disclaimer of ownership: intent to abandon.
Prior to police misconduct: good abandonment.