What are four factors that can be used to distinguish between the open fields and curtilage? Provide examples
What will be an ideal response?
In terms of Fourth Amendment protection, curtilage means the area to which
extends the intimate activity associated with the sanctity of a man's home and the
privacies of life. Open fields are not houses, papers, and effects under the Fourth
Amendment, so are not protected from unreasonable searches and seizures. The
four factors that can be used to distinguish between the two are: (1) the proximity of
the area to the home, (2) whether the area is in an enclosure surrounding the home,
(3) the nature and uses of the area, and (4) the steps taken to conceal the area from
public view. An example of open field is a forty acre farm field. An example of
curtilage is a screened back porch attached to a house.
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