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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - open-fields doctrine
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Definition of open-fields doctrine
The open-fields doctrine is a rule in criminal procedure that allows law enforcement officers to conduct a warrantless search of the area outside a property owner's curtilage. This means that unless there is another legal basis for the search, it must exclude the home and any adjoining land that is within an enclosure or otherwise protected from public scrutiny.
For example, if a police officer sees a person hiding drugs in an open field near a house, they can search the field without a warrant. However, if the drugs were hidden in a shed within the curtilage of the house, a warrant would be required.
The open-fields doctrine is different from the plain-view doctrine, which allows officers to seize evidence that is in plain view during a lawful search or observation.
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Simple Definition
The open-fields doctrine is a rule that allows law enforcement officers to search the area outside a property owner's enclosed land without a warrant. However, they cannot search the home or any enclosed land that is protected from public view without a legal basis for the search. This rule is also known as the open-field rule and is different from the plain-view doctrine.
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