Oliver v. United States (1983)
- Docket
- 82-15
- Decided
- 1983-01-01
Summary
Question: Does the open field doctrine apply when police officers knowingly enter privately owned fields without a warrant? Conclusion: Yes. In a 6-3 vote, Justice Lewis F. Powell, Jr. wrote for the majority, stating that the open field doctrine applies to both cases. Individuals cannot legitimately expect privacy for activities conducted out in the open except in the area immediately surrounding their house. Also, the act of police officers entering a privately owned field is not automatically a search for Fourth Amendment purposes even if it is a common law trespass. Oliver's case was affirmed, and Thornton's was reversed and remanded. Justice Byron White wrote a special concurrence, saying that there was no need for the majority to deal with the expectation of privacy issue because a field is clearly not a "house" or an "effect" under the Fourth Amendment. Justice Thurgood Marshall wrote a dissent, contending that the law should protect private land that is marked as such against unreasonable searches and seizures. Justice William J. Brennan and Justice John P. Stevens joined Justice Marshall's dissent.