Ep. #285: Is it okay to go on private property to see if people are shooting safely?

📌 Open fields are those areas that don’t receive any Fourth Amendment protections. Typically, these areas are literally “open fields,” and there are no structures on them (like sheds). Sometimes police will commit a technical trespass in order to reach open fields and view evidence (e.g. marijuana grows). The Supreme Court has held that there is no constitutional violation because the open field itself is not a “house” or “effect” or an area where a person has a reasonable expectation of privacy. Oliver v. United States, 466 U.S. 170 (1984).

If you want to inspect something that is on private property, you may do so without a warrant as long as the property is not within the curtilage of a home. Also, just because there is a physical structure on the open field doesn’t mean it’s curtilage (e.g. tool shed 300 feet away from home). You cannot enter any structure unless it was abandoned, even on open fields.

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