United States v. Ray E. Oliver, A/K/A Edward Ray Oliver

BAILEY BROWN, Circuit Judge.

In Hester v. United States, 265 U.S. 57, 44 S.Ct. 445, 68 L.Ed. 898 (1924), the Supreme Court, in an opinion by Justice Holmes, unanimously held that the protection of the Fourth Amendment does not extend to open fields. This court, in United States v. Hassell, 336 F.2d 684 (6th Cir. *3581964) (per curiam), cert. denied, 380 U.S. 965, 85 S.Ct. 1111, 14 L.Ed.2d 155 (1965), citing Hester, also held that Fourth Amendment protection does not apply to open fields. In the instant case, a panel of this court, relying on analysis it derived from Katz v. United States, 389…