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6 Louisiana opinions name it 2 courts 1978–2009 0 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Louisville & Nashville Railroad v. Central Iron & Coal Co.green1 sentence1996The historical underpinnings of the open fields doctrine also demonstrate that the doctrine is consistent with respect for "reasonable expectations of privacy." As Justice Holmes, writing for the Court, observed in Hester, 265 U.S., at 59, 44 S.Ct., at 446, the common law distinguished "open fields" from the "curtilage," the land immediately surrounding and associated with the home. | 1 | 1 |
Ex Parte Skinner & Eddy Corp.green1 sentence1996The historical underpinnings of the open fields doctrine also demonstrate that the doctrine is consistent with respect for "reasonable expectations of privacy." As Justice Holmes, writing for the Court, observed in Hester, 265 U.S., at 59, 44 S.Ct., at 446, the common law distinguished "open fields" from the "curtilage," the land immediately surrounding and associated with the home. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hester v. United States
green
2 sentences2009The open fields doctrine was first enunciated by the Supreme Court in Hester v. U.S., 265 U.S. 57 , 44 S.Ct. 445 , 68 L.Ed. 898 (1924), and permits law enforcement officers to enter and search a field without a warrant. 2009The open fields doctrine was first enunciated by the Supreme Court in Hester v. U.S., 265 U.S. 57 , 44 S.Ct. 445 , 68 L.Ed. 898 (1924), and permits law enforcement officers to enter and search a field without a warrant. | 2 | 1978–2009 |
State v. Brown
green
1 sentence1992The Third Circuit upheld the seizure under the open fields doctrine. [1] Although the open fields doctrine was not cited in State v. Brown, 395 So.2d 1301 (La.1981), in that case the Supreme Court upheld the seizure of glass fragments found in the driveway of the defendant's home. | 1 | 1992–1992 |
United States v. Dunn
green
2 sentences1989U.S. v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987); Oliver v. U.S., 466 U.S. 170 , 104 S.Ct. 1735 , 80 L.Ed.2d 214 (1984). 1989U.S. v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987); Oliver v. U.S., 466 U.S. 170 , 104 S.Ct. 1735 , 80 L.Ed.2d 214 (1984). | 1 | 1989–1989 |
Oliver v. United States
green
2 sentences1989U.S. v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987); Oliver v. U.S., 466 U.S. 170 , 104 S.Ct. 1735 , 80 L.Ed.2d 214 (1984). 1989U.S. v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987); Oliver v. U.S., 466 U.S. 170 , 104 S.Ct. 1735 , 80 L.Ed.2d 214 (1984). | 1 | 1989–1989 |
Wong Sun v. United States
green
2 sentences1987We therefore determine that under these circumstances the open fields doctrine applies and thus no search warrant was necessary to search and seize the marijuana plants and attendant photographs. *1321 This determination makes unnecessary our review of the trial court's dissatisfaction with the affidavit supporting the instant warrant, [5] and the trial court's finding of sufficient bad faith to abrogate United States v. Leon, supra . [6] SUPPRESSION OF THE STATEMENT The trial court also suppressed statements given by the defendant at the marijuana patch as being fruit of a poisonous tree unde 1987We therefore determine that under these circumstances the open fields doctrine applies and thus no search warrant was necessary to search and seize the marijuana plants and attendant photographs. *1321 This determination makes unnecessary our review of the trial court's dissatisfaction with the affidavit supporting the instant warrant, [5] and the trial court's finding of sufficient bad faith to abrogate United States v. Leon, supra . [6] SUPPRESSION OF THE STATEMENT The trial court also suppressed statements given by the defendant at the marijuana patch as being fruit of a poisonous tree unde | 1 | 1987–1987 |
Air Pollution Variance Bd. of Colo. v. Western Alfalfa Corp.
green
2 sentences1978Therefore, though in fact visible, the plants were located in a position on defendant's parents' property which could be reasonably expected to assure defendant's privacy and were not openly displayed to public view." *87 The State relies upon the decision of the United States Supreme Court in Hester v. United States, 265 U.S. 57 , 44 S.Ct. 445 , 68 L.Ed. 898 (1924), and Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 , 94 S.Ct. 2114 , 40 L.Ed.2d 607 (1974) applying what has been usually described as the open fields doctrine. 1978Therefore, though in fact visible, the plants were located in a position on defendant's parents' property which could be reasonably expected to assure defendant's privacy and were not openly displayed to public view." *87 The State relies upon the decision of the United States Supreme Court in Hester v. United States, 265 U.S. 57 , 44 S.Ct. 445 , 68 L.Ed. 898 (1924), and Air Pollution Variance Bd. v. Western Alfalfa, 416 U.S. 861 , 94 S.Ct. 2114 , 40 L.Ed.2d 607 (1974) applying what has been usually described as the open fields doctrine. | 1 | 1978–1978 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.