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NCJRS Abstract

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NCJ Number: 97557 Find in a Library
Title: Oliver vs US
Corporate Author: Legal Update Systems
United States of America
Project Director: B Mattos; D Jensen; K Blase
Date Published: 1984
Sponsoring Agency: Illinois Administrative Office of the Courts
Springfield, IL 62706
Legal Update Systems

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
Sale Source: Illinois Administrative Office of the Courts
Supreme Court Building
Springfield, IL 62706
United States of America

Not Available Through National Institute of Justice/NCJRS Document Loan Program
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: This police training video cassette, accompanied by an audio cassette, reenacts the incident that led to the U.S. Supreme Court's decision in Oliver vs. U.S. and highlights the principles of that decision, which specifies that the fourth amendment does not extend to protect open fields and that there is no reasonable expectation of privacy in open fields.
Abstract: Acting on reports that marijuana was being raised on the farm of suspect Oliver, two narcotics agents went to investigate. They drove past the suspect's house to a locked gate with a 'No Trespassing' sign; the agents walked around the gate and found a field of marijuana more than a mile from Oliver's house. Oliver was arrested and indicted for 'manufacture' of a 'controlled substance' in violation of a Federal statute. After a pretrial hearing, the district court suppressed evidence of the discovery of the marijuana fields. The Supreme Court reversed, holding that the 'open fields' doctrine should be applied to determine whether the discovery or seizure of the marijuana was valid. In the case of open fields, the general rights of property protected by the common law of trespass have little or no relevance to the application of the fourth amendment, which does not protect the merely subjective expectation of privacy, but only 'those expectations that society is prepared to recognize as reasonable.' A booklet accompanying the cassettes details the facts in the case and highlights the Supreme Court's decision.
Index Term(s): Marijuana; Police legal training; Right of privacy; US Supreme Court decisions; Videotapes; Warrantless search
Note: *This document is currently unavailable from NCJRS. Video cassette, 10 minutes in length, color, rental is available from sales source.
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