The Fourth Amendment, And California V. Greenwood

The Fourth Amendment to the Constitution states that people have the right â€Å"to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,† but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view. The differentiation between open fields and private property must be made before one can proceed to form an opinion regarding the constitutionality of a warrantless search of an open field. Oliver v. United States is a case in which police officers, acting on reports from neighbors that a patch of marijuana was being cultivated on the Oliver farm, entered on to private property ignoring â€Å"No Trespassing† signs, and on to a secluded open portion of the Oliver property without a warrant, discovered the marijuana patch and then arrested Oliver without an arrest warrant. The Maine Judicial Court held that â€Å"No Trespassing† signs posted around the Oliver property â€Å"evinced a reasonable expectation of privacy,† and therefore the court held thatShow MoreRelatedFourth Amendment : Search And Seizure963 Words   |  4 PagesFourth Amendment: Search and Seizure The Fourth Amendment: Search and Seizure was passed by Congress on September 25, 1789 and ratified December 15, 1791. 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