People v. Reynolds

Hancock, Jr., J.

(dissenting). The majority bases its affirmance on facts which have not been found after an evidentiary hearing or accepted as true by either lower court and, indeed, which those courts did not even consider relevant or necessary to their decisions. Instead of remitting the matter for a hearing, the majority simply makes two critical assumptions: (1) that defendant failed to post "no-trespassing” signs or to take other steps to exclude the public, and (2) that the premises searched were "open fields”. The court, thus, finds it unnecessary to answer the important questions…