Explain the definition of an open field and why open fields do not have Fourth Amendment protections
Conclude with your opinion as to why or why not this ruling is right and under what circumstances should or should not the Fourth Amendment apply to open fields.
An open fields do not have an expectation of privacy and the Fourth Amendment does not apply. The courts have delineated four factors that may be considered: (1) the proximity of the area in question to the house; (2) whether the area is enclosed in some way through the use of fences or other enclosures; (3) the nature and use of the property in question; and, of course (4) the affirmative actions undertaken by the owner to ensure privacy. Essentially, open fields are accessible to the general public; while curtilage is the enclosed area of land surrounding a dwelling which is protected by the Fourth Amendment. Opinions will vary.
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